Type of Regulation; Ohio River, Tell City, IN, 28737-28739 [2021-10886]

Download as PDF Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Proposed Rules area it may do so only with prior approval of the Patrol Commander and when so directed by that officer and will be operated at a no wake speed in a manner which will not endanger participants in the event or any other craft. (4) No spectator shall anchor, block, loiter, or impede the through transit of official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel. (5) The Patrol Commander may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. (6) Any spectator vessel may anchor outside the regulated area specified in subsection (a) above, but may not anchor in, block, or loiter in a navigable channel. (7) The Patrol Commander may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property. (8) The Patrol Commander will terminate enforcement of the special regulations at the conclusion of the event. (d) Enforcement Period. This section will be enforced from 11 a.m. through 6 p.m. on June 26, 2021. Dated: May 14, 2021. R.M. Scott, Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River. BILLING CODE 9110–04–P 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 Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: 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 SUMMARY: VerDate Sep<11>2014 16:44 May 27, 2021 Jkt 253001 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 SECOHV-WWM@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis [FR Doc. 2021–11281 Filed 5–27–21; 8:45 am] ACTION: 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. 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). PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 28737 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 nonparticipants 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. E:\FR\FM\28MYP1.SGM 28MYP1 28738 Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Proposed Rules 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 VerDate Sep<11>2014 16:44 May 27, 2021 Jkt 253001 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 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 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. 1. The authority citation for part 100 continues to read as follows: ■ Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add § 100.T08–0245 to read as follows: ■ E:\FR\FM\28MYP1.SGM 28MYP1 Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Proposed Rules § 100.T08–0245 Tell City, IN. PADL 2021, Ohio River, ACTION: (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 nonparticipants 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51 and 52 [EPA–R08–OAR–2021–0267; FRL–10024– 00–Region 8] Clean Air Act New Source Review Operating Permit Program; Notice of Transfer of Permits to Wyoming Department of Environmental Quality Environmental Protection Agency (EPA). AGENCY: VerDate Sep<11>2014 16:44 May 27, 2021 Jkt 253001 Proposed rule. The EPA is proposing to grant Wyoming Department of Environmental Quality’s (WDEQ) August 21, 2020 request to transfer to the State administrative authority over two federal permits that were issued by the EPA on June 26, 1973 under the federal new source review (NSR) permitting program. In addition, the EPA is proposing to agree with WDEQ’s analysis in its August 21, 2020 letter demonstrating that the current Wyoming regulations still meet the requirements of the federal NSR permitting program. This action is proposing to transfer the 1973 federally issued permits to Wyoming. The EPA is proposing this action in accordance with the Clean Air Act and the Code of Federal Regulations NSR program requirements. SUMMARY: Written comments must be received on or before June 28, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R08– OAR–2021–0267, to the Federal Rulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically in www.regulations.gov. DATES: PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 28739 To reduce the risk of COVID–19 transmission, for this action we do not plan to offer hard copy review of the docket. Please email or call the person listed in the FOR FURTHER INFORMATION CONTACT section if you need to make alternative arrangements for access to the docket. FOR FURTHER INFORMATION CONTACT: Donald Law, Air and Radiation Division (8ARD–PM), EPA, Region 8, Mailcode 8ARD–PM, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–7015, law.donald@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. Proposed action: In the ‘‘Rules and Regulations’’ section of this Federal Register, the EPA is publishing a direct final rule without prior proposal of the EPA’s intent to grant WDEQ’s August 21, 2020 request to transfer to the State administrative authority over two existing EPA issued permits that were issued by the EPA on June 26, 1973 under the now superseded federal NSR permitting program for Wyoming. The EPA views this as a noncontroversial action and we do not expect adverse comments. A detailed rationale for the action is set forth in the preamble to the direct final rule. If the EPA receives no adverse comments, the EPA contemplates no further action. If the EPA receives adverse comments, the EPA will withdraw the direct final rule and will address all public comments in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For additional information, see the direct final rule of the same title which is located in the ‘‘Rules and Regulations’’ section of this Federal Register. List of Subjects 40 CFR Part 51 Environmental protection, Administrative practice and procedure, Air pollution control, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Nitrogen oxides, Opacity, Ozone, Reporting and recordkeeping requirements, Sulfur dioxide, Sulfur oxides, Transportation, Volatile organic compounds. 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Greenhouse gases, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and E:\FR\FM\28MYP1.SGM 28MYP1

Agencies

[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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
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