Proposed Rule2026-08731
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
May 5, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary special local regulation (SLR) for certain navigable waters of the Ohio River. The SLR is needed to protect personnel, vessels, and the marine environment from potential hazards created by a rowing event. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless specifically authorized by the Captain of the Port (COTP), Ohio Valley or their designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 91 Issue 86 (Tuesday, May 5, 2026)</title>
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[Federal Register Volume 91, Number 86 (Tuesday, May 5, 2026)]
[Proposed Rules]
[Pages 24146-24147]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08731]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-1130]
RIN 1625-AA08
Special Local Regulation; Ohio River, Louisville, KY
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation (SLR) for certain navigable waters of the Ohio River.
The SLR is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a rowing event. This
proposed rulemaking would prohibit persons and vessels from being in
the regulated area unless specifically authorized by the Captain of the
Port (COTP), Ohio Valley or their designated representative. We invite
your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 4, 2026.
ADDRESSES: To submit comments and view available documents, go to the
Federal Docket Management System at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
search for USCG-2025-1130.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact MST3 Kostas Papakonstantinou, Sector Ohio Valley
Waterways Management Division, U.S. Coast Guard; telephone 800-253-
7465, or email <a href="/cdn-cgi/l/email-protection#94c7d1d7dbdcc2b9c3c3d9d4e1e7f7f3baf9fdf8"><span class="__cf_email__" data-cfemail="732036303c3b255e24243e33060010145d1e1a1f">[email protected]</span></a>.
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
On November 5, 2025, an organization notified the Coast Guard that
they will be hosting a rowing race on the Ohio River near Louisville,
KY on October 10, 2026. Hazards from the rowing race include traffic
obstructions and individuals in the water in non-powered vessels. The
COTP has determined that potential hazards associated with the rowing
race are a safety concern for anyone in the vicinity of the event.
Therefore, the COTP is proposing this rule under the authority in 46
U.S.C. 70041, which is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the regulated area.
The regulatory text we are proposing appears at the end of this
document.
III. Discussion of the Rule
This proposed rule would establish a special regulated area from 5
a.m. until 5 p.m. on October 10, 2026. The regulated area would cover
all navigable waters within Mile markers 599 to 604 on the Ohio River.
No vessel or person would be permitted to enter the regulated area
without obtaining permission from the COTP or their designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed 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 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
proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons.
The Coast Guard anticipates that commercial and recreational vessel
traffic not associated with the event will be low at the location, and
during the time, of the event. In addition, the Coast Guard would issue
a Broadcast Notice to Marines via VHF FM marine channel 16, which would
allow small entities to adjust their transit plans, and the rule allows
vessels to request permission to enter the regulated area from the
COTP.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this proposed rule would
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).
B. Collection of Information
This proposed rule would 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 proposed rule under Executive Order 13132,
Federalism, and have determined that it is consistent with the
fundamental federalism principles and preemption requirements described
in that Order.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have
[[Page 24147]]
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 proposed rule would 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 proposed 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 proposed rule is a special regulated area. It is categorically
excluded from further review under paragraph L61.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Docket Management System at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2025-1130 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in the docket. To view available documents, find
the docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. We will
post public comments in our online docket. Additional information is on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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, 4; 33 CFR 1.05-1.
0
2. Add Sec. 100.T899-1130 to read as follows:
Sec. 100.T899-1130 Special regulated area; Ohio River, Louisville,
KY.
(a) Location. The following area is a special regulated area: All
waters of the Ohio River from mile markers 599 to 604.
(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
regulated area. Participant means all persons and vessels registered
with the event sponsor as a participant in the race.
(c) 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 Ohio Valley or their designated
representative.
(2) To seek permission to enter, contact the event sponsor by
telephone at (404)-200-4024. Those in the special 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 section will be enforced from 5 a.m.
to 5 p.m. on October 10, 2026.
Randy L. Preston,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2026-08731 Filed 5-4-26; 8:45 am]
BILLING CODE 9110-04-P
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