[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Proposed Rules]
[Pages 28737-28739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10886]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0245]
RIN 1625-AA08


Type of Regulation; Ohio River, Tell City, IN

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation for all navigable waters of the Ohio River, extending 
the entire width of the river, from mile marker (MM) 719 to MM 722. 
This action is necessary to provide for the safety of persons, vessels, 
and the marine environment during the paddle event known as PADL 2021. 
This proposed rulemaking would prohibit persons and vessels from being 
in the regulated area unless 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 June 28, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0245 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 Petty Officer Christopher Roble, 
Sector Ohio Valley, U.S. Coast Guard; telephone (502)-779-5336, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 25, 2021, the Paddle Perry notified the Coast Guard that 
it will be conducting a paddle excursion with 100 participants from 
10:30 a.m. to 1:30 p.m. on July 31, 2021. The Coast Guard proposes to 
establish a temporary special local regulation for all navigable waters 
of the Ohio River, extending the entire width of the river, from mile 
marker (MM) 719.0 to MM 722.0. The Captain of the Port Sector Ohio 
Valley has determined that a special local regulation is necessary to 
protect the participants from potential hazards associated with vessel 
traffic. The purpose of this rulemaking is to ensure the safety of 
persons, vessels, and the marine environment on the navigable waters of 
the Ohio River before, during, and after the scheduled event. The Coast 
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary special local regulation 
for all navigable waters of the Ohio River from MM 719.0 to MM 722.0 
from 10:30 a.m. to 1:30 p.m. on July 31, 2021. The regulated area would 
cover all navigable waters of the Ohio River, extending the entire 
width of the river, between MM 719.0 to MM 722.0. The duration of the 
special local regulation is intended to ensure the safety of persons, 
vessels, and the marine environment on these navigable waters before, 
during, and after the PADL 2021 excursion. 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. 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.

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, 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 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).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the temporary special local 
regulation. This proposed special local regulation restricts transit on 
a three-mile stretch of the Ohio River for three hours on one day. 
Moreover, the Coast Guard would issue Broadcast Notices to Mariners, 
Local Notices to Mariners, and Marine Safety Information Bulletins 
about this special local regulation so that waterway users may plan 
accordingly for this short restriction on transit, and the rule would 
allow vessels to request permission to enter the regulated area.

[[Page 28738]]

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 owners or operators of vessels intending to transit the 
temporary special local regulation 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 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), we want to assist small 
entities in understanding this proposed rule. If the rulemaking 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. 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 call or email 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 
proposed rule elsewhere in this preamble.

F. 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 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 that would prohibit entry on a 3-mile stretch of the 
Ohio River on one day. Normally such actions are categorically excluded 
from further review under paragraph L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1.

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.

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, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. We review all comments received, but we will only post 
comments that address the topic of the proposed rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive. 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 proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERWAYS.

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.T08-0245 to read as follows:

[[Page 28739]]

Sec.  100.T08-0245  PADL 2021, Ohio River, Tell City, IN.

    (a) Regulated area.
    The regulations in this section apply to the following area: The 
regulated area would cover all navigable waters of the Ohio River, 
extending the entire width of the river, between MM 719.0 to MM 722.0.
    (b) Definitions.
    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 a participants 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 Sector Ohio Valley or their 
designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF-FM Channel 16 or by telephone 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 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 10:30 
a.m. to 1:30 p.m. on July 31, 2021.

    Dated: May 11, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-10886 Filed 5-27-21; 8:45 am]
BILLING CODE 9110-04-P