[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Proposed Rules]
[Pages 41670-41672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17415]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0329]
RIN 1625-AA08


Special Local Regulation; Ohio River, Portsmouth, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a Special Local 
Regulation on the Ohio River. This action is necessary to provide for 
safety of life on the Ohio River from mile marker 355.5 to mile marker 
356.8 during a regatta from August 31, 2019 through September 2, 2019. 
This proposed rulemaking would restrict access to this portion of the 
river unless otherwise authorized by the Captain of the Port Sector 
Ohio Valley or a 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 September 16, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0329 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MST3 Cornelius, MSU Huntington, U.S. 
Coast Guard; 304-733-0198, [email protected].

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, Purpose, and Legal Basis

    The Breakwater Powerboat Association submitted an application to 
Coast Guard Sector Ohio Valley for a marine event permit to conduct a 
power boat race from August 31, 2019 through September 02, 2019. This 
race will be the National Championship for two classes of powerboats. 
The race course will be the area from Ohio River Mile Marker (MM) 355.5 
to MM 356.8. Hazards from the regatta include collision of vessels, 
wake, capsizing, and interference to Aids to Navigation. The Captain of 
the Port Sector Ohio Valley (COTP) has determined that potential 
hazards associated with the regatta would be a safety concern for 
anyone within the race course area.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the race course before, during, and 
after the scheduled event. The Coast Guard is proposing this rulemaking 
under the authority in 46 U.S.C. 70041 (previously 33 U.S.C 1233)

III. Discussion of Proposed Rule

    The COTP is proposing to establish a Special Local Regulation from 
August 31, 2019 through September 02, 2019. The special local 
regulation would cover all navigable waters from Ohio River Mile Marker 
(MM) 355.5 to MM 356.8. The duration of the regulation is intended to 
ensure the safety of vessels and these navigable water before, during, 
and after the scheduled regatta. No person would be permitted to enter 
the area without obtaining approval from the Captain of the Port or a 
designated representative. The event sponsor has scheduled commercial 
traffic breaks to prevent a back-up of vessels. 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. 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on size, location, 
and duration of the special local regulation. The safety zone will be 
enforced on a small

[[Page 41671]]

area of the Ohio River from 9 a.m. through 6 p.m. on August 31, 2019, 
from 7 a.m. through 5:30 p.m. on September 1, 2019, and from 7 a.m. 
through 4 p.m. on September 2, 2019. Breaks have been scheduled so that 
the event does not significantly impede commercial traffic. Moreover, 
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone and the rule would allow vessels to 
seek permission to enter or transit 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 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.
    While some owner or operators of vessels intending to transit the 
area may be small entities, for the reasons stated in section IV.A 
above, this proposed rule would not have a significant economic impact 
on any vessel owner or operator
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.
    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 proposed 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 contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. 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).

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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination 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 involves a special local regulation 
lasting from August 31, to September 02, 2019 that would restrict entry 
into the race course from MM 355.5 to MM 356.8. Normally such actions 
are categorically excluded from further review under paragraph L[61] of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 
We seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 part 100 as follows:

PART 100--SAFETY OF LIFE ON THE 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.T08-0329 to read as follows:

[[Page 41672]]

Sec.  100.T08-0329   Special Local Regulation; Ohio River, Portsmouth, 
OH.

    (a) Location. All navigable waters of the Ohio River from mile 
marker (MM) 355.5 to MM 356.8 Portsmouth, OH.
    (b) Effective period. This section is effective from August 31, 
2019 through September 2, 2019.
    (c) Enforcement period. The section will be enforced from 9 a.m. 
through 6 p.m. on August 31, 2019, from 7 a.m. through 5:30 p.m. on 
September 1, and from 7 a.m. through 4 p.m. on September 2, 2019.
    (d) Special local regulations. (1) Entry into this area is 
prohibited unless authorized by the Captain of the Port Sector Ohio 
Valley (COTP) or a designated representative.
    (2) Recreational vessels are permitted to transit the regulated 
area during scheduled breaks for commercial traffic. There shall be no 
anchoring or loitering in the navigation channel. Recreational vessels 
transiting into and away from this area are restricted to the slowest 
safe speed creating minimum wake.
    (3) The COTP may terminate the event or the operation of any vessel 
at any time it is deemed necessary for the protection of life or 
property.
    (4) All persons or vessels desiring entry into or passage through 
the area must request permission from the COTP or a designated 
representative. U.S. Coast Guard Sector Ohio Valley may be contacted on 
VHF Channel 13 or 16, or at 1-800-253-7465.

A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-17415 Filed 8-14-19; 8:45 am]
 BILLING CODE 9110-04-P