Rule2026-11277
Special Local Regulation; Ohio River Mile Marker 90-91, Wheeling, WV
Primary source
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Published
June 4, 2026
Effective
June 7, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation on the waters of the Ohio River from mile marker 90 to mile marker 91 in Wheeling, WV. This action is necessary to provide for the safety of life on these navigable waters from potential hazards during the Wheeling Water Ski Show for the activities planned on June 7, 2026. This rulemaking would prohibit persons and vessels from being in the one-mile regulated area unless authorized by the Captain of the Port Pittsburgh or a designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 107 (Thursday, June 4, 2026)</title>
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[Federal Register Volume 91, Number 107 (Thursday, June 4, 2026)]
[Rules and Regulations]
[Pages 33608-33609]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11277]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2026-0629]
RIN 1625-AA08
Special Local Regulation; Ohio River Mile Marker 90-91, Wheeling,
WV
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the waters of the Ohio River from mile marker 90 to mile
marker 91 in Wheeling, WV. This action is necessary to provide for the
safety of life on these navigable waters from potential hazards during
the Wheeling Water Ski Show for the activities planned on June 7, 2026.
This rulemaking would prohibit persons and vessels from being in the
one-mile regulated area unless authorized by the Captain of the Port
Pittsburgh or a designated representative.
DATES: This rule is effective from 11 a.m. to 8 p.m. on June 7, 2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0629.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact Petty Officer Brett Lanzel, MSU Pittsburgh, U.S. Coast Guard;
telephone 206-815-6624, email <a href="/cdn-cgi/l/email-protection#aceedec9d8d882e682e0cdc2d6c9c0ecd9dfcfcb82c1c5c0"><span class="__cf_email__" data-cfemail="672515021313492d492b06091d020b2712140400490a0e0b">[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
SLR Special Local Regulation
U.S.C. United States Code
II. Background and Authority
On May 5, 2026, the Coast Guard received notification that the
Wheeling Water Ski Show will be taking place on the Ohio River near
Wheeling, WV. This event will involve vessels and water-skiers
performing stunts and formations on the River.
The Captain of the Port (COTP) Pittsburgh is issuing this Special
Local Regulation (SLR) under the authority in 46 U.S.C. 70041. The COTP
has determined that potential hazards associated with the Water Ski
Show are a safety concern for anyone on the Ohio River within a mile of
the event. The hazards associated with this event include vessels with
restricted maneuverability operating at high speeds, and in close
proximity to other vessels, and the presence of performers and other
persons in the water. The purpose of this rulemaking is to protect
performers, the public, and transiting vessels before, during, and
after the scheduled event.
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 May 5, 2026, but we must
establish this SLR by June 7, 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 temporary SLR from 11 a.m. until 8 p.m. on
June 7, 2026. The SLR will cover all navigable waters from Mile Marker
90 to 91 on the
[[Page 33609]]
Ohio River located near Wheeling, WV. The duration of the regulation is
intended to protect personnel, vessels, and the marine environment in
these navigable waters during the water ski show. No vessel or person
will be permitted to enter the regulated area without obtaining
permission from the COTP or a designated representative.
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 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 special local regulation. 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.
List of Subjects in 33 CFR Part 100
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 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.T899-0629 to read as follows:
Sec. 100.T899-0629 Special Local Regulation; Ohio River Mile Marker
90-91, Wheeling, WV.
(a) Location. This special local regulation applies to the
following regulated area: All navigable waters on the Ohio River
between mile marker 90 and mile marker 91.
(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 Pittsburgh (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 COTP or their 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 (412) 670-4288.
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.
(d) Enforcement period. This section will be enforced from 11 a.m.
to 8 p.m. on June 7, 2026.
Justin R. Jolley,
Commander, U.S. Coast Guard, Captain of the Port, MSU Pittsburgh.
[FR Doc. 2026-11277 Filed 6-3-26; 8:45 am]
BILLING CODE 9110-04-P
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