[Federal Register Volume 90, Number 177 (Tuesday, September 16, 2025)]
[Proposed Rules]
[Pages 44589-44591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17892]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0563]
RIN 1625-AA08
Special Local Regulation; Ohio River, Cincinnati, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation on the Ohio River between mile marker (MM) 466 to 475,
and on the Licking River between MM 0.0 to 0.3. This action is
necessary to provide for the safety of life on these navigable waters
near Cincinnati, OH during America's River Roots event from October 8,
2025, through October 13, 2025. This proposed rulemaking would prohibit
persons and vessels from being in the regulated area unless authorized
by the Captain of the 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 22, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0563 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for
[[Page 44590]]
further instructions on submitting comments. This notice of proposed
rulemaking with its plain-language, 100-word-or-less proposed rule
summary will be available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Jean Jimenez Sosa at
Marine Safety Detachment Cincinnati, U.S. Coast Guard; telephone 513-
921-9033, 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
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
An organization notified the Coast Guard that it will be conducting
a marine event from 6 a.m. on October 8, 2025, through 3 a.m. on
October 13, 2025. The marine event is a national celebration of the
culture of America's river cities. The event will include boat races,
parades, cruises and fireworks on the Ohio River from MM 466 to MM 475,
mid-channel near Cincinnati, OH. Non-participating vessels will be able
to transit the area when the river is reopened after each race, parade,
cruise and fireworks display.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within MM 466 to MM 475 of the Ohio River and
MM 0.0 to 0.3 of the Licking River before, during, and after the
scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation from
6 a.m. on October 8, 2025, through 3 a.m. on October 13, 2025. The
special local regulation would cover all navigable waters within MM 466
to MM 475 of the Ohio River and MM 0.0 to 0.3 of the Licking River. No
vessel shall anchor, block, loiter in, or impede the through transit of
participants or official patrol vessels in the regulated area during
effective dates and times, unless cleared for such entry by or through
an official patrol vessel. The COTP will provide advanced notice of the
specific dates and times during which these regulations will be
enforced within the regulated area. 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.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated below,
this proposed rule would not have a significant economic impact on any
vessel owner or operator. Vessel traffic would be able to safely
transit trough the regulated area which would impact a small,
designated area of the Ohio River only for the duration of each race,
parade, cruise and fireworks launch. The vessel traffic in the area is
normally low especially during evening hours. 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 the zone. 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 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 proposed 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. 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.
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
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.
D. 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 potential effects of
this proposed rule elsewhere in this preamble.
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 made
a preliminary determination
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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 5 days that would prohibit entry into MM 466 to MM 475 of the
Ohio River and MM 0.0 to 0.3 of the Licking River for the duration of
each race, parade, cruise and fireworks. 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. 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. 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.
Submitting comments. We encourage you to submit comments through
the Federal Document Management System at https://www.regulations.gov.
To do so, go to https://www.regulations.gov, type USCG-2025-0563 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 https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
Personal information. 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
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; 33 CFR 1.05-1.
0
2. Add Sec. 100.T899-0563 to read as follows:
Sec. 100.T899-0563 Special Local Regulation; Ohio River, Cincinnati,
OH.
(a) Regulated area. The regulations in this section apply to the
following area: All navigable waters of the Ohio River extending from
mile marker 466 to 475 and mile marker 0.0 to 0.3 of the Licking River
in Cincinnati, OH.
(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 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 participants in the event.
(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 on VFH-FM radio channel 16 or phone at 1-800-253-7465.
Those in the regulated area must transit at no wake speed and comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(3) When hailed and/or signaled by an official patrol vessel, a
spectator shall come to an immediate stop. Vessels shall comply with
all directions given; failure to do so may result in citation.
(4) The Patrol Commander is empowered to forbid and control the
movement of all vessels in the regulated area. The Patrol Commander may
terminate the event at any time it is deemed necessary for the
protection of life and/or property and can be reached on VHF-FM Channel
16 by using the call sign ``PATCOM''.
(d) Enforcement period. This temporary special local regulation is
effective from 6 a.m. on October 8, 2025, through 3 a.m. on October 13,
2025. It will only be enforced during periods when America's River
Roots events are occurring in the regulated area described above. The
events include fireworks displays, boat parades, boat races, and other
activities. The COTP will provide advanced notice of specific
enforcement dates and times through broadcast notice to mariners and by
on-scene designated representatives.
R. L. Preston,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2025-17892 Filed 9-15-25; 8:45 am]
BILLING CODE 9110-04-P