Special Local Regulation; Ohio River, Louisville, KY, 41909-41911 [2021-16573]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules
change(s). We appreciate any and all
comments, but those most useful and
likely to influence decisions on the final
regulations will be those that either
involve personal experience or include
citations to and analyses of SMCRA, its
legislative history, its implementing
regulations, case law, other pertinent
State or Federal laws or regulations,
technical literature, or other relevant
publications.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
lotter on DSK11XQN23PROD with PROPOSALS1
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
4:00 p.m., m.d.t. on August 19, 2021. If
you are disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public and, if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
IV. Statutory and Executive Order
Reviews
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulation
and Regulatory Review
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance, dated
October 12, 1993, the approval of State
program amendments is exempted from
OMB review under Executive Order
12866. Executive Order 13563, which
reaffirms and supplements Executive
Order 12866, retains this exemption.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment.
We conclude our review of the
proposed amendment after the close of
the public comment period and
determine whether the amendment
should be approved, approved in part,
or not approved. At that time, we will
also make the determinations and
certifications required by the various
laws and executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 950
Intergovernmental relations, Surface
mining, Underground mining.
David Berry,
Regional Director, Western Region.
[FR Doc. 2021–16545 Filed 8–3–21; 8:45 am]
BILLING CODE 4310–05–P
16:17 Aug 03, 2021
Jkt 253001
PO 00000
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0546]
RIN 1625–AA08
Special Local Regulation; Ohio River,
Louisville, KY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a special local regulation on
the Ohio River at mile marker 596. This
action is necessary to provide for the
safety of life on these navigable waters
during the Captain’s Quarters Sailing
Regatta from October 9, 2021 through
October 10, 2021. This proposed
rulemaking would prohibit persons and
vessels from being in the limited access
area unless authorized by the Captain of
the Port 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 August 24, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0546 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.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Petty Officer
Taylor Mudrock, Sector Ohio Valley,
U.S. Coast Guard 502–779–5337,
Taylor.A.Mudrock@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
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
Public Meeting
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
VerDate Sep<11>2014
41909
On July 5, 2021, River Cities
Community Sailing Program notified the
Coast Guard that it will be conducting
a sailing regatta from noon through 5
p.m. on October 9, 2021 and October 10,
2021. The regatta will consist of
Frm 00003
Fmt 4702
Sfmt 4702
E:\FR\FM\04AUP1.SGM
04AUP1
41910
Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules
approximately 35 sailing vessels ranging
in size from 22 feet to 35 feet.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters during, 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 a special local
regulation from noon through 5 p.m. on
October 9, 2021 and October 10, 2021.
This special local regulation will cover
all navigable waters from mile markers
594 to 598. The duration of the zone is
intended to ensure the safety of the
sailing vessels during the regatta. No
vessel or person would be permitted to
enter the limited access area 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 special local regulation.
This special local regulation would
restrict transit on a four-mile stretch of
the Ohio River for five hours on two
days. Moreover, the Coast Guard would
issue Broadcast Notice to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and Marine Safety Information
Bulletins (MSIBs) about this special
local regulation so that waterway users
may plan according for this restriction
on transit, and the rule would allow
Bessel 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
VerDate Sep<11>2014
16:17 Aug 03, 2021
Jkt 253001
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 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 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
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
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 two day sailing
competition held annually. 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. 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.
E:\FR\FM\04AUP1.SGM
04AUP1
Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules
V. Public Participation and Request for
Comments
§ 100.T08–0462 Captain’s Quarters Sailing
Regatta, Louisville, KY. Ohio River MM
594.0 to MM 598.0.
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–2021–0546 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
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).
(a) Regulated area. The regulations in
this section apply to the following area:
All waters of the Ohio River from MM
594.0 to MM 598.0, extending the entire
width of the river.
(b) 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 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.
(3) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners
and by on-scene designated
representatives.
(c) Enforcement period. This section
will be enforced from noon through 5
p.m. on October 9, 2021 and October 10,
2021.
lotter on DSK11XQN23PROD with PROPOSALS1
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.T08–0462 to read as
follows:
■
VerDate Sep<11>2014
16:47 Aug 03, 2021
Jkt 253001
Dated: July 20, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–16573 Filed 8–3–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 328
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 120
[EPA–HQ–OW–2021–0328; FRL–6027.4–02–
OW]
Notice of Public Meetings Regarding
‘‘Waters of the United States’’;
Establishment of a Public Docket;
Request for Recommendations
Department of the Army, Corps
of Engineers, Department of Defense;
and Environmental Protection Agency
(EPA)
ACTION: Notice; announcement of public
meeting dates and solicitation of preproposal feedback.
AGENCY:
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
41911
On June 9, 2021, the U.S.
Environmental Protection Agency (EPA)
and the Department of the Army
announced their intent to revise the
definition of ‘‘waters of the United
States.’’ This process includes two
rulemakings: A foundational rule to
restore longstanding protections, and a
second rulemaking process that builds
on that regulatory foundation. The
forthcoming foundational rule will
propose to restore the regulations
defining ‘‘waters of the United States’’
that were in place for decades until
2015, with updates to be consistent with
relevant Supreme Court decisions. The
agencies will also pursue a separate,
second rulemaking process that further
refines and builds upon that regulatory
foundation. The agencies intend to
engage with state and tribal coregulators and the public to inform
these two rulemakings. The agencies are
committed to learning from the past
regulatory approaches—the pre-2015
regulations and guidance, the 2015
Clean Water Rule, and the 2020
Navigable Waters Protection Rule—
while engaging with stakeholders and
crafting a refined definition of ‘‘waters
of the United States.’’
This document includes a schedule
for initial public meetings to hear from
interested stakeholders on their
perspectives on defining ‘‘waters of the
United States’’ under the Clean Water
Act and how to implement that
definition as the agencies pursue this
process. The agencies are also accepting
written recommendations from
members of the public and are planning
further opportunities for engagement.
These opportunities will include 10
geographically focused roundtables that
will provide for broad, transparent,
regionally focused discussions among a
full spectrum of stakeholders.
DATES: Written recommendations must
be received on or before September 3,
2021. The agencies will hold public
meetings on the following dates: August
18, August 23, August 25, August 26,
and August 31, 2021. Please refer to the
SUPPLEMENTARY INFORMATION section for
additional information on these
meetings.
SUMMARY:
You may send written
feedback, identified by Docket ID No.
EPA–HQ–OW–2021–0328, by any of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
preferred method). Follow the online
instructions for submitting written
feedback.
• Email: OW-Docket@epa.gov.
Include Docket ID No. EPA–HQ–OW–
ADDRESSES:
E:\FR\FM\04AUP1.SGM
04AUP1
]]>Agencies
[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Proposed Rules]
[Pages 41909-41911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16573]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0546]
RIN 1625-AA08
Special Local Regulation; Ohio River, Louisville, KY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a special local
regulation on the Ohio River at mile marker 596. This action is
necessary to provide for the safety of life on these navigable waters
during the Captain's Quarters Sailing Regatta from October 9, 2021
through October 10, 2021. This proposed rulemaking would prohibit
persons and vessels from being in the limited access area unless
authorized by the Captain of the Port 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 August 24, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0546 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 Petty Officer Taylor Mudrock, Sector
Ohio Valley, U.S. Coast Guard 502-779-5337, [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 July 5, 2021, River Cities Community Sailing Program notified
the Coast Guard that it will be conducting a sailing regatta from noon
through 5 p.m. on October 9, 2021 and October 10, 2021. The regatta
will consist of
[[Page 41910]]
approximately 35 sailing vessels ranging in size from 22 feet to 35
feet.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters during, 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 a special local regulation from noon through
5 p.m. on October 9, 2021 and October 10, 2021. This special local
regulation will cover all navigable waters from mile markers 594 to
598. The duration of the zone is intended to ensure the safety of the
sailing vessels during the regatta. No vessel or person would be
permitted to enter the limited access area 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 special local regulation. This special
local regulation would restrict transit on a four-mile stretch of the
Ohio River for five hours on two days. Moreover, the Coast Guard would
issue Broadcast Notice to Mariners (BNMs), Local Notices to Mariners
(LNMs), and Marine Safety Information Bulletins (MSIBs) about this
special local regulation so that waterway users may plan according for
this restriction on transit, and the rule would allow Bessel 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
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 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 two day
sailing competition held annually. 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. 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.
[[Page 41911]]
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-2021-0546 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 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).
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.T08-0462 to read as follows:
Sec. 100.T08-0462 Captain's Quarters Sailing Regatta, Louisville,
KY. Ohio River MM 594.0 to MM 598.0.
(a) Regulated area. The regulations in this section apply to the
following area: All waters of the Ohio River from MM 594.0 to MM 598.0,
extending the entire width of the river.
(b) 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 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.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(c) Enforcement period. This section will be enforced from noon
through 5 p.m. on October 9, 2021 and October 10, 2021.
Dated: July 20, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-16573 Filed 8-3-21; 8:45 am]
BILLING CODE 9110-04-P
