Rule2025-08200
Special Local Regulation; Ohio River, Cincinnati, OH
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
May 9, 2025
Effective
June 22, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation on the navigable waters of the Ohio River, extending the entire width of the river, between mile marker (MM) 469.6-470.2 in Cincinnati, OH. This special local regulation is necessary to provide for the safety of life on these navigable waters near Cincinnati, OH, during the Queen City Triathlon on June 22, 2025.
Full Text
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<title>Federal Register, Volume 90 Issue 89 (Friday, May 9, 2025)</title>
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[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Rules and Regulations]
[Pages 19645-19647]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08200]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0218]
RIN 1625-AA08
Special Local Regulation; Ohio River, Cincinnati, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
[[Page 19646]]
regulation on the navigable waters of the Ohio River, extending the
entire width of the river, between mile marker (MM) 469.6-470.2 in
Cincinnati, OH. This special local regulation is necessary to provide
for the safety of life on these navigable waters near Cincinnati, OH,
during the Queen City Triathlon on June 22, 2025.
DATES: This rule is effective from 6:30 a.m. through 9:30 a.m. on June
22, 2025.
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-
2025-0218 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 about this rule,
call or email MST1 Jean Jimenez Sosa, Marine Safety Detachment
Cincinnati, U.S. Coast Guard; telephone 513-921-9033, email
<a href="/cdn-cgi/l/email-protection#713c223532181f12181f1f10051831040212165f1c181d"><span class="__cf_email__" data-cfemail="602d332423090e03090e0e01140920151303074e0d090c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
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 under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' 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. This action is necessary to publish an NPRM because the
Coast Guard must establish this special local regulation by June 22,
2025, and lacks sufficient time to provide a reasonable comment period
and then consider those comments before issuing the rule.
Also, 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 public interest in ensuring the safety
of participants and vessels during the event because immediate action
is necessary to prevent possible loss of life and property on June 22,
2025. The Coast Guard will issue Broadcast Notice to Mariners (BNM) to
update mariners of the restrictions and enforcement times during this
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector Ohio Valley (COTP) has determined
that this action is necessary to provide for the safety of life on
these navigable waters near Cincinnati, OH during the Queen City
Triathlon on June 22, 2025. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
special local regulation from MM 469.6-470.2 from 6:30 a.m. through
9:30 a.m.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation from
6:30 a.m. until 9:30 a.m. on June 22, 2025. The regulation will prevent
mariners and persons not participating in the triathlon from entering
the Ohio River between MM 469.6-470.2. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the schedule event. No vessel or person will
be permitted to enter the regulated area 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.
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 section 3(f) of 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 year of the temporary special local
regulation. The temporary special local regulation will be in effect
for only three hours and will cover an area less than one mile in
length on the Ohio River. The Coast Guard expects minimum adverse
impact to mariners from the temporary special local regulation
activation as the event has been advertised to the public.
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
regulated area 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 will 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
[[Page 19647]]
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 a
special local regulation that will prohibit entry from MM 469.6-470.2
of the Ohio River lasting from 6:30 a.m. through 9:30 a.m. It is
categorically excluded from further review under paragraph L61of
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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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.T08-0218 to read as follows:
Sec. 100.T08-0218 Special Local Regulation; Ohio River, Cincinnati,
OH.
(a) Regulated area. The regulations in this section apply to the
following area: All navigable waters of the Ohio River extending from
mile marker 469.6-470.2 in Cincinnati, OH.
(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 Sector Ohio Valley
(COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as participants in the event.
(c) Regulations. 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 or their designated
representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VFH-FM radio channel 16 or phone at 1-800-253-7465.
Those in the regulated area must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This temporary special local regulation
will be enforced from 6:30 a.m. until 9:30 a.m. on June 22, 2025.
Dated: April 29, 2025.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2025-08200 Filed 5-8-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 9, 2025.
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.