Safety Zone; Ohio River, Newburgh, IN, 35242-35244 [2021-14228]
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35242
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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.
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. In § 100.1101, in table 1 to
§ 100.1101, add item number 16 to read
as follows:
■
§ 100.1101 Southern California Annual
Marine Events for the San Diego Captain of
the Port Zone.
TABLE 1 TO § 100.1101
*
*
*
*
*
*
*
16. Swim for Special Operations Forces; San Diego Bay, San Diego, CA
Sponsor ....................................................................................
Event Description .....................................................................
Date ..........................................................................................
Location ....................................................................................
Regulated Area .........................................................................
Dated: June 25, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
33 CFR Part 165
extending the entire width of the river,
from mile marker (MM) 777.3 to MM
778.3. This action is necessary to
provide for the safety of life on these
navigable waters near Newburgh,
Indiana, during the City of Newburgh
fireworks display on September 4, 2021.
This proposed rulemaking would
prohibit persons and vessels from being
in the safety zone unless authorized by
the Captain of the Port Sector Ohio
Valley or a designated representatitve.
We invite your comments on this
proposed rulemaking.
[Docket Number USCG–2021–0451]
DATES:
[FR Doc. 2021–14230 Filed 7–1–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
lotter on DSK11XQN23PROD with PROPOSALS1
The Honor Foundation.
SS Swim race.
Saturday in September.
San Diego Bay, CA.
All waters of San Diego Bay, from surface to bottom, beginning at Glorietta Bay,
continuing to Tidelands Park, proceeding north along the Coronado shoreline,
crossing the federal navigable channel at Bayview Park, and finishing at the
USS MIDWAY Museum.
RIN 1625–AA00
Comments and related material
must be received by the Coast Guard on
or before August 2, 2021.
Safety Zone; Ohio River, Newburgh, IN
ADDRESSES:
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to establish a temporary safety zone for
all navigable waters of the Ohio River
SUMMARY:
VerDate Sep<11>2014
16:50 Jul 01, 2021
Jkt 253001
You may submit comments
identified by docket number USCG–
2021–0451 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
PO 00000
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SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email MST3
Matthews U.S. Coast Guard, telephone
502–779–5334, email secohv-wwm@
uscg.mil.
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
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On June 17, 2021, the Historic
Newburgh, Inc notified the Coast Guard
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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules
that it will be conducting a fireworks
display from 9:30 p.m. to 10 p.m. on
September 4, 2021. The fireworks are to
be launched from the shore of the Ohio
River at approximately mile marker
(MM) 777.3 to MM 778.3. Hazards from
firework displays include accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris. The Captain of the Port
Sector Ohio Valley (COTP) has
determined that potential hazards
associated with the fireworks to be used
in this display would be a safety
concern for anyone on a one-mile
stretch of the Ohio River.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a one-mile
stretch 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 is proposing to establish a
safety zone from 9:30 p.m. to 10 p.m. on
September 4, 2021. The safety zone
would cover all navigable waters,
extending the entire width of the river,
from MM 777.3 to MM 778.3. The
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 9:30 p.m. to 10 p.m.
fireworks display. No vessel or person
would be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative. The regulatory text we
are proposing appears at the end of this
document.
lotter on DSK11XQN23PROD with PROPOSALS1
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, and
duration of the temporary safety zone.
VerDate Sep<11>2014
16:50 Jul 01, 2021
Jkt 253001
This safety zone would restrict transit
on a one-mile stretch of the Ohio River
for thirty minutes on one day. Morever,
the Coast Guard would issue Broadcast
Notice to Mariners (BNMs), Local
Notices to Mariners (LNMs), and Marine
Safety Information Bulletins (MSIBs)
about this safety zone 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 zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the
temporary safety zone may be small
entities, for the reasons stated in section
IV.A above, this proposed rule would
not have a significant economic impact
on any vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please 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).
PO 00000
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35243
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 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 safety zone lasting only
thirty minutes that will prohibit entry
within a one-mile stretch of the Ohio
River for one day. Normally such
E:\FR\FM\02JYP1.SGM
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35244
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Proposed Rules
actions are categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A preliminary Record of
Environmental Consideration
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.
lotter on DSK11XQN23PROD with PROPOSALS1
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.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2021–0451 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. We review all
comments received, but we will only
post comments that address the topic of
VerDate Sep<11>2014
16:50 Jul 01, 2021
Jkt 253001
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
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 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0451 to read as
follows:
■
§ 165.T08–0451
Newburgh, IN.
Safety Zone; Ohio River,
(a) Location. The following area is a
safety zone: All navigable waters of the
Ohio River between MM 777.3 to MM
778.3 in Newburgh, IN.
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF–FM radio
channel 16 or phone at 1–800–253–
7465. Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(c) Enforcement period. This section
will be enforced from 9:30 p.m. to 10
p.m. on September 4, 2021.
Dated: June 29, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–14228 Filed 7–1–21; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0726; FRL–10025–
46–Region 4]
Air Plan Approval; North Carolina;
Mecklenburg Miscellaneous Rules
Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision to the Mecklenburg County
portion of the North Carolina SIP,
hereinafter referred to as the
Mecklenburg Local Implementation
Plan (LIP). The revision was submitted
by the State of North Carolina, through
the North Carolina Division of Air
Quality (NCDAQ), on behalf of
Mecklenburg County Air Quality
(MCAQ) via a letter dated April 24,
2020, and was received by EPA on June
19, 2020. The revision updates several
Mecklenburg County Air Pollution
Control Ordinance (MCAPCO) rules
incorporated into the LIP. EPA is
proposing to approve these changes
pursuant to the Clean Air Act (CAA or
Act).
DATES: Comments must be received on
or before August 2, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2020–0726 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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. 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
www2.epa.gov/dockets/commentingepa-dockets.
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Proposed Rules]
[Pages 35242-35244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14228]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0451]
RIN 1625-AA00
Safety Zone; Ohio River, Newburgh, IN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for all navigable waters of the Ohio River extending the entire
width of the river, from mile marker (MM) 777.3 to MM 778.3. This
action is necessary to provide for the safety of life on these
navigable waters near Newburgh, Indiana, during the City of Newburgh
fireworks display on September 4, 2021. This proposed rulemaking would
prohibit persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Sector Ohio Valley or a
designated representatitve. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 2, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0451 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 further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST3 Matthews U.S. Coast Guard,
telephone 502-779-5334, 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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On June 17, 2021, the Historic Newburgh, Inc notified the Coast
Guard
[[Page 35243]]
that it will be conducting a fireworks display from 9:30 p.m. to 10
p.m. on September 4, 2021. The fireworks are to be launched from the
shore of the Ohio River at approximately mile marker (MM) 777.3 to MM
778.3. Hazards from firework displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The Captain of the Port Sector Ohio Valley (COTP) has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone on a one-mile
stretch of the Ohio River.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a one-mile stretch 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 is proposing to establish a safety zone from 9:30 p.m. to
10 p.m. on September 4, 2021. The safety zone would cover all navigable
waters, extending the entire width of the river, from MM 777.3 to MM
778.3. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 9:30 p.m. to 10 p.m. fireworks display. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. 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, 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, and duration of the temporary safety zone. This safety zone
would restrict transit on a one-mile stretch of the Ohio River for
thirty minutes on one day. Morever, the Coast Guard would issue
Broadcast Notice to Mariners (BNMs), Local Notices to Mariners (LNMs),
and Marine Safety Information Bulletins (MSIBs) about this safety zone
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 zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please 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 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 safety
zone lasting only thirty minutes that will prohibit entry within a one-
mile stretch of the Ohio River for one day. Normally such
[[Page 35244]]
actions are categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A preliminary Record of Environmental Consideration 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.
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0451 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
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Viewing material in docket. To view documents mentioned in this
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described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
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Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
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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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0451 to read as follows:
Sec. 165.T08-0451 Safety Zone; Ohio River, Newburgh, IN.
(a) Location. The following area is a safety zone: All navigable
waters of the Ohio River between MM 777.3 to MM 778.3 in Newburgh, IN.
(b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM radio channel 16 or phone at 1-800-253-7465.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(c) Enforcement period. This section will be enforced from 9:30
p.m. to 10 p.m. on September 4, 2021.
Dated: June 29, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-14228 Filed 7-1-21; 8:45 am]
BILLING CODE 9110-04-P
