[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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, Christopher.S.Matthews@uscg.mil.

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


