Special Local Regulation; Ohio River, New Martinsville, WV, 32768-32770 [2021-13064]
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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
§ 92.508 by revising paragraph (a)(7(i)(B)
to read as follows:’’
II. Background Information and
Regulatory History
without obtaining permission from the
designated representative.
Aaron Santa Anna,
Associate General Counsel for Legislation and
Regulations.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA)
(5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because we
must establish the special local
regulation by July 10, 2021, and lack
sufficient time to request public
comments and respond to those
comments before the special local
regulation must be established.
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 New
Martinsville Vintage Regatta taking
place on the Ohio River between mile
marker 127.5 and mile marker 128.5
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.
[FR Doc. 2021–13173 Filed 6–22–21; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0340]
RIN 1625–AA08
Special Local Regulation; Ohio River,
New Martinsville, WV
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a special local regulation
for all navigable waters of the Ohio
River between mile markers 127.5 and
128.5. The special local regulation is
needed to protect regatta participants,
the public, and the marine environment
from potential hazards created by the
regatta. This special local regulation
establishes a Patrol Commander and
restricts movement and anchoring of
spectator and non-participant vessels
during the time of the event.
DATES: This rule is effective from 9 a.m.
on July 10, 2021, until 6 p.m. on July 11,
2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0340 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MST1 Joseph McCollum, Marine
Safety Unit Huntington, U.S. Coast
Guard; (304) 733–0198,
Joseph.P.Mccollum@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
VerDate Sep<11>2014
15:58 Jun 22, 2021
Jkt 253001
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 Ohio Valley (COTP)
has determined that potential hazards
associated with New Martinsville
Vintage Regatta starting July 10, 2021,
will be a safety concern for anyone on
the Ohio River from mile marker 127.5
to mile marker 128.5. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the special
local regulation for the duration of the
regatta.
IV. Discussion of the Rule
This rule establishes a special local
regulation from 9 a.m. through 6 p.m.
daily on July 10, 2021, and July 11,
2021. The special local regulation will
cover all navigable waters between mile
markers 127.5 and 128.5 on the Ohio
River. The duration of the regulated area
is intended to protect personnel,
vessels, and the marine environment in
these navigable waters for the duration
of the regatta. No vessel or person will
be permitted to enter the regulated area
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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 and location of the
special local regulation. This rule
involes a special local regulation lasting
less than a week and covering a limited
area of one mile. In addition, vessel
traffic will be able to reach out to the
safety boat to coordinate safe passage
through the special local regulation
which will impact a mile mile stretch
on the Ohio River. The Coast Guard will
publish a Local Notice to Mariners
(LNMs), and issue a Broadcast Notice to
Mariners (BNMs) via VHF–FM marine
channel 16 about the regulated area.
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 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 regulated
area 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
E:\FR\FM\23JNR1.SGM
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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
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).
jbell on DSKJLSW7X2PROD with RULES
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
VerDate Sep<11>2014
15:58 Jun 22, 2021
Jkt 253001
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
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
special local regulations lasting from 9
a.m. through 6 p.m. on July 10, 2021
and 9 a.m. through 6 p.m. July 11, 2021
that will limit access of the Ohio River
from mile marker 127.5 to mile marker
128.5. It is categorically excluded from
further review under paragraph L[61] 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
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.T08–0340 to read as
follows:
■
§ 100.T08–0340 New Martinsville Vintage
Regatta, Ohio River, New Martinsville, WV.
(a) Regulated area. The regulations in
this section apply to the following area:
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32769
All navigable waters of the Ohio River
from mile marker 127.5 to mile marker
128.5 near New Martinsville, WV.
(b) Definitions. The following
definitions apply to this section:
Designated representative means a
Coast Guard Patrol Commander
(PATCOM), 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 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) The Coast Guard
may patrol the event area under the
direction of a designated Coast Guard
Patrol Commander. The Patrol
Commander may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM.’’
(2) All persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the Commander, Eighth
Coast Guard District, to patrol the event.
(3) Spectator vessels desiring to
transit the regulated area 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
participants or 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
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) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF–FM marine radio
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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
channel 16 or phone 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.
(9) The COTP will provide notice of
the regulated area through advanced
notice via local notice to mariners and
broadcast notice to mariners and by onscene designated representatives.
(d) Enforcement periods. The special
local regulation in this section will be
enforced from 9 p.m. to 6 p.m. daily on
July 10, 2021, and July 11, 2021.
Dated: June 16, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2021–13064 Filed 6–22–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
SUPPLEMENTARY INFORMATION:
[Docket ID ED–2020–OSERS–0192]
Final Priority—Rehabilitation ShortTerm Training: Client Assistance
Program
Office of Special Education and
Rehabilitative Services (OSERS),
Department of Education.
ACTION: Final priority.
AGENCY:
The Department of Education
(Department) announces a priority
under the Rehabilitation Short-Term
Training program, Assistance Listing
Number 84.246K. We take this action to
improve the capacity of Client
Assistance Program (CAP) professionals
to inform, assist, and advocate for
clients and client applicants about
expanded education, training, and
competitive integrated employment
opportunities available through the
State Vocational Rehabilitation Services
program, and about the benefits and
services available through other
programs authorized by the
Rehabilitation Act of 1973
(Rehabilitation Act), as amended by the
Workforce Innovation and Opportunity
Act (WIOA). We may use this priority
for competitions in Federal fiscal year
(FFY) 2021 and later years. The priority
will provide enhanced training and
technical assistance on CAP duties and
responsibilities under section 112 of the
Rehabilitation Act, State Vocational
Rehabilitation (VR) service provision
requirements and other benefits and
services under the Rehabilitation Act,
expanded opportunities under WIOA,
individual and systems advocacy
competencies, and leadership,
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:58 Jun 22, 2021
relationship-building, and outreach
skills as well as CAP strategic planning
and resources management capacitybuilding. Also, the priority will promote
the use of flexible training delivery
methods, including in-person and
virtual activities, and state-of-the-art
communication tools and platforms,
including the latest distance learning
and convening technologies.
DATES: This priority is effective July 23,
2021.
FOR FURTHER INFORMATION CONTACT:
Felipe Lulli, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 5101, Potomac Center Plaza,
Washington, DC 20202–2800.
Telephone: (202) 245–7425. Email:
84.246K@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
Jkt 253001
Purpose of Program: The
Rehabilitation Short-Term Training
program is designed to provide shortterm training and technical instruction
in areas of special significance to the
vocational, medical, social, and
psychological rehabilitation programs,
supported employment program,
independent living services programs,
and Client Assistance Program,
including special seminars, institutes,
workshops, and other short-term
courses. Short-term training projects
may be of regional or national scope.
Program Authority: 29 U.S.C.
772(a)(1).
Applicable Program Regulations: 34
CFR parts 385 and 390.
We published a notice of proposed
priority (NPP) for this competition in
the Federal Register on February 19,
2021 (86 FR 10213). The NPP contained
background information and our reasons
for proposing the priority.
Editorial and technical revisions are
explained in the discussion of
comments that follow.
Public Comment: In response to our
invitation in the NPP, 23 parties
submitted comments on the proposed
priority.
We group major issues according to
subject. Generally, we do not address
technical and other minor changes or
suggested changes the law does not
authorize us to make. In addition, we do
not address general comments that raise
concerns not directly related to the
proposed priority.
Analysis of Comments and Changes:
An analysis of the comments and of any
changes in the priority since publication
of the NPP follows.
PO 00000
Frm 00050
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State VR/CAP Coordination and
Communication
Comment: Several commenters
addressed the priority’s requirement
that, in providing training and technical
assistance, the grantee considers the
challenges that State VR agencies face in
implementing WIOA’s expanded VR
services provisions. These commenters
expressed the concern that the priority’s
emphasis on VR agency challenges
would have the effect of ‘‘shielding’’ the
agency from its statutory responsibility
to provide quality and timely VR
services in accordance with the
Rehabilitation Act. These commenters
indicated that CAPs also face similar
challenges and argue that any
consideration of WIOA implementation
challenges should encompass both
perspectives.
Conversely, some commenters cited
several VR agency challenges and
limitations—financial and nonfinancial—beyond those referenced in
the NPP and about which, these
commenters believe, CAPs may not be
sufficiently aware. These commenters
cited, as examples, issues related to the
Rehabilitation Act-Individuals with
Disabilities Education Act coordination
in the delivery of pre-employment
transition services; the Rehabilitation
Act’s maintenance of effort
requirements; and parameters set by the
States’ written policies governing the
nature and scope of VR services and the
Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements (2 CFR part 200), among
others. The commenters recommended
greater emphasis on improving
communication between the CAPs and
the State VR agencies to promote mutual
understanding about their distinct roles,
approaches, and perspectives; more
training about the impact of Federal and
State statutes, regulations, and policies
on the delivery of VR services in the
States; and closer coordination between
the CAPs and the State VR agencies on
both individual cases and statewide
initiatives to improve competitive
integrated employment outcomes for VR
clients and applicants. Additionally,
one commenter recommended that the
comprehensive needs assessment
questionnaires, surveys, or focus group
include broader input from VR agencies
and the State Rehabilitation Councils
(SRCs).
Discussion: The Department agrees
that the priority’s references to VR
agency challenges should not be
interpreted as a dispensation from the
VR program requirements in the
Rehabilitation Act, as amended by
WIOA. The Department also agrees that
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]]>Agencies
[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Rules and Regulations]
[Pages 32768-32770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13064]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0340]
RIN 1625-AA08
Special Local Regulation; Ohio River, New Martinsville, WV
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
all navigable waters of the Ohio River between mile markers 127.5 and
128.5. The special local regulation is needed to protect regatta
participants, the public, and the marine environment from potential
hazards created by the regatta. This special local regulation
establishes a Patrol Commander and restricts movement and anchoring of
spectator and non-participant vessels during the time of the event.
DATES: This rule is effective from 9 a.m. on July 10, 2021, until 6
p.m. on July 11, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0340 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Joseph McCollum, Marine Safety Unit 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 Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because we must establish the special local
regulation by July 10, 2021, and lack sufficient time to request public
comments and respond to those comments before the special local
regulation must be established.
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 New Martinsville Vintage Regatta taking place on the Ohio
River between mile marker 127.5 and mile marker 128.5
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 Ohio Valley
(COTP) has determined that potential hazards associated with New
Martinsville Vintage Regatta starting July 10, 2021, will be a safety
concern for anyone on the Ohio River from mile marker 127.5 to mile
marker 128.5. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the special local
regulation for the duration of the regatta.
IV. Discussion of the Rule
This rule establishes a special local regulation from 9 a.m.
through 6 p.m. daily on July 10, 2021, and July 11, 2021. The special
local regulation will cover all navigable waters between mile markers
127.5 and 128.5 on the Ohio River. The duration of the regulated area
is intended to protect personnel, vessels, and the marine environment
in these navigable waters for the duration of the regatta. No vessel or
person will be permitted to enter the regulated area without obtaining
permission from 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 and
location of the special local regulation. This rule involes a special
local regulation lasting less than a week and covering a limited area
of one mile. In addition, vessel traffic will be able to reach out to
the safety boat to coordinate safe passage through the special local
regulation which will impact a mile mile stretch on the Ohio River. The
Coast Guard will publish a Local Notice to Mariners (LNMs), and issue a
Broadcast Notice to Mariners (BNMs) via VHF-FM marine channel 16 about
the regulated area.
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 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
regulated area 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
[[Page 32769]]
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 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
special local regulations lasting from 9 a.m. through 6 p.m. on July
10, 2021 and 9 a.m. through 6 p.m. July 11, 2021 that will limit access
of the Ohio River from mile marker 127.5 to mile marker 128.5. It is
categorically excluded from further review under paragraph L[61] 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.T08-0340 to read as follows:
Sec. 100.T08-0340 New Martinsville Vintage Regatta, Ohio River, New
Martinsville, WV.
(a) Regulated area. The regulations in this section apply to the
following area: All navigable waters of the Ohio River from mile marker
127.5 to mile marker 128.5 near New Martinsville, WV.
(b) Definitions. The following definitions apply to this section:
Designated representative means a Coast Guard Patrol Commander
(PATCOM), 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 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) The Coast Guard may patrol the event area
under the direction of a designated Coast Guard Patrol Commander. The
Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by
the call sign ``PATCOM.''
(2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the Commander, Eighth Coast Guard District, to patrol the event.
(3) Spectator vessels desiring to transit the regulated area 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 participants or 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 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) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM marine radio
[[Page 32770]]
channel 16 or phone 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.
(9) The COTP will provide notice of the regulated area through
advanced notice via local notice to mariners and broadcast notice to
mariners and by on-scene designated representatives.
(d) Enforcement periods. The special local regulation in this
section will be enforced from 9 p.m. to 6 p.m. daily on July 10, 2021,
and July 11, 2021.
Dated: June 16, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2021-13064 Filed 6-22-21; 8:45 am]
BILLING CODE 9110-04-P
