Special Local Regulation; Ohio River, Louisville, KY, 54620-54622 [2021-21550]
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54620
Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations
direct that a public hearing be
conducted on the allegations.
(2) A hearing examiner will be
appointed by appropriate orders. The
examiner may be either a commissioned
officer or a civilian employee above the
grade of GS–7.
(3) The specific written allegations,
together with other pertinent material,
will be transmitted to the hearing
examiner for introduction as evidence at
the hearing.
(4) For failure to return a loaned tool,
manufacturers may be suspended
without referral to a hearing specified in
paragraph (f)(1) of this section; however,
the manufacturer will be advised, in
writing, that tools are overdue and
suspension will take effect if tools are
not returned within the specified time.
(g) Notification to the manufacturer
by examiner. Within a 7-day period
following the receipt by the examiner of
the allegations and other pertinent
material, the examiner will transmit a
registered letter of notification to the
manufacturer informing him or her of
the—
(1) Specific allegations.
(2) Directive of the Director requiring
the holding of a public hearing on the
allegations.
(3) Examiner’s decision to hold the
public hearing at a specific time, date,
and place that will be not earlier than
30 days from the date of the letter of
notification.
(4) Ultimate authority of the Director
to suspend or revoke the certificate of
authority if the record developed at the
hearing so warrants.
(5) Right to—
(i) A full and fair public hearing.
(ii) Be represented by counsel during
the hearing at no cost to the
Government.
(iii) Request a change in the date,
time, or place of the hearing, for
purposes of having reasonable time in
which to prepare the case.
(iv) Submit evidence and present
witnesses in his or her own behalf.
(v) Obtain at no cost a verbatim
transcript of the proceedings, upon
written request filed before the
commencement of the hearing.
(h) Public hearing by examiner. (1) At
the time, date, and place designated in
accordance with paragraph (g)(3) of this
section, the examiner will conduct the
public hearing.
(i) A verbatim record of the
proceedings will be maintained.
(ii) All previous material received by
the examiner will be introduced into
evidence and made part of the record.
(iii) The Government may be
represented by counsel at the hearing.
(2) Subsequent to the conclusion of
the hearing, the examiner will make
VerDate Sep<11>2014
16:13 Oct 01, 2021
Jkt 256001
specific findings on the record before
him or her concerning each allegation.
(3) The complete record of the case
will be forwarded to the Director.
(i) Action by the Director. (1) The
Director will review the record of the
hearing and either approve or
disapprove the findings.
(2) Upon arrival of a finding of breach
of quality control policies, the
manufacturer will be so advised.
(3) After review of the findings, the
certificate of authority may be revoked
or suspended. If the certificate of
authority is revoked or suspended, the
Director will—
(i) Notify the manufacturer of the
revocation or suspension.
(ii) Remove the manufacturer from the
list of certified manufacturers.
(iii) Inform the Army & Air Force
Exchange Service (AAFES) and the
Defense Logistics Agency-Troop
Support of the action.
(j) Reinstatement of certificate of
authority. Upon receipt of adequate
assurance that the manufacturer will
comply with quality control policies,
the Director may reinstate a certificate of
authority that has been suspended or
revoked.
Subpart D—License and Manufacture
of the Service Flag and Service Lapel
Button
§ 507.17
Authority to manufacture.
(a) The Secretary of Defense has
designated the Secretary of the Army to
grant certificates of authority for the
manufacture and commercial sale of
Service flags and Service lapel buttons.
(b) Any person, firm, or corporation
that wishes to manufacture the Service
flag or lapel button must apply for a
certificate of authority to manufacture
from TIOH.
§ 507.18
Application for licensing.
(a) Applicants who want to
manufacture and sell Service flags or
Service lapel buttons should contact the
Director, The Institute of Heraldry, 9325
Gunston Road, Room S113, Fort Belvoir,
VA 22060–5579, to obtain an agreement
to manufacture, drawings, and
instructions for manufacturing the
Service flag and Service lapel button.
(b) Certificates of authority to
manufacture Service flags and Service
lapel buttons will be valid for 5 years
from the date of issuance, at which time
applicants must reapply for a new
certificate of authority.
James W. Satterwhite Jr.,
Army Federal Register Liaison Officer.
[FR Doc. 2021–21121 Filed 10–1–21; 8:45 am]
BILLING CODE 5061–AP–P
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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, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary 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
regulation prohibits persons and vessels
from being in the limitied acess area
unless authorized by the Captain of the
Port Sector Ohio Valley or a designated
representative.
DATES: This rule is effective from
October 9, 2021, through October 10,
2021.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0546 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email MST3 Christopher Matthews,
Sector Ohio Valley, U.S. Coast Guard
502–779–5334,
Christopher.S.Matthews@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
II. Background Information and
Regulatory History
On July 5, 2021, River Cities
Community Sailing Program notified the
Coast Guard that from noon to 5 p.m. on
October 9 and Ocotber 10, 2021, it will
be conducting a sailing regatta. In
response, on August 4, 2021, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled ‘‘Special
Local Regulation; Ohio River,
Louisville, KY’’ [USCG–2021–0546] (86
E:\FR\FM\04OCR1.SGM
04OCR1
Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations
FR 41909). There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this sailing regatta.
During the comment period that ended
August 24, 2021, we received 0
comments.
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
sailing regatta.
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 Sector Ohio Valley
(COTP) has determined that potential
hazards associated with the sailing
regatta to be used in this October 9 and
10, 2021 will be a safety concern for
anyone within the area. The purpose of
this rule is to ensure safety of vessels
and the navigable waters in the safety
zone before, during, and after the
scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
August 4, 2021. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a special local
regulation from noon to 5 p.m. on
October 9, 2021 and October 10, 2021.
The special local regulation will cover
all navigable waters from mile marker
594 to 598 on the Ohio River. The
duration of the zone is intended to
ensure the safety of the sailing vessels
during the regatta. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative. To seek permission to
enter, contact the COTP or the COTP’s
representative by Sector Ohio Valley
command center at 502–779–5422.
Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
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.
VerDate Sep<11>2014
16:13 Oct 01, 2021
Jkt 256001
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, location, and
duration of the special local regulation.
This special local regulation restricts
transit on a four-mile stretch of the Ohio
River for five hours on two days.
Moreover, the Coast Guard will 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 allows vessel 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 received 0 comments
from the Small Business Administration
on this rulemaking. 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 safety
zone 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
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
PO 00000
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54621
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
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04OCR1
54622
Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations
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 two
day sailing competition held annually.
It is categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Memorandum for the Record supporting
this determination is available in the
docket. For instructions on locating the
docket, see the ADDRESSES section of
this preamble.
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:
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0647]
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Columbia River.
This action is necessary to provide for
the safety of life on these navigable
waters near Portland, OR, at Columbia
River Mile 105.6 during construction
from November 1, 2021 through
February 28, 2022. This regulation
prohibits persons and vessels from
being in the safety zone unless
authorized by the Captain of the Port
Sector Columbia River or a designated
representative.
SUMMARY:
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:
■
§ 100.T08–0462 Special Local Regulation;
Ohio River, Louisville, KY.
(a) Regulated area. The following area
is a special local regulated area: All
navigable waters of the Ohio River from
Mile Marker (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 (COTP)
or their designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
Jkt 256001
[FR Doc. 2021–21550 Filed 10–1–21; 8:45 am]
Safety Zone; CBWTP Outfall Diffuser
Improvements, Columbia River,
Portland, OR
■
16:13 Oct 01, 2021
Dated: September 29, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
RIN 1625–AA00
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
VerDate Sep<11>2014
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 Coast Guard will issue
Broadcast Notice to Mariners (BNMs),
Local Notices to Mariners (LNMs), and
Marine Safety Information Bulletins
(MSIBs) about the special local
regulation in this section.
(c) Enforcement period. This section
will be enforced from noon through 5
p.m. on October 9, 2021, and October
10, 2021.
This rule is effective from 12:01
a.m. on November 1, 2021, through
11:59 p.m. on February 28, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0647 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
PO 00000
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If
you have questions on this rule, call or
email LCDR Sean Morrison, Waterways
Management Division, Marine Safety
Unit Portland, U.S. Coast Guard;
telephone 503–240–9319, email D13SMB-MSUPortlandWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
II. Background Information and
Regulatory History
On July 20, 2021, Ballard Marine
Construction notified the Coast Guard
that it would begin construction on the
CBWTP Outfall Diffuser Improvements
Project from 12:01 a.m. on October 1,
2021, through 11:59 p.m. on February
28, 2022, to remove and replace existing
pipeline. On September 27, 2021,
Ballard Marine Construction updated
the start date to November 1, 2021.
Work includes dredging and dive
operations at Columbia River Mile
105.6. In response, on August 23, 2021,
the Coast Guard published a notice of
proposed rulemaking (NPRM) titled
‘‘Safety Zone; CBWTP Outfall Diffuser
Improvements, Columbia River,
Portland, OR’’ (86 FR 47044). There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to this
construction project. During the
comment period that ended September
7, 2021, we received no comments.
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 impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with the CBWTP Outfall
Diffuser Improvements Project.
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 Columbia River
(COTP) has determined that potential
hazards associated with the
construction project will be a safety
concern for anyone within the
designated area of the CBWTP Outfall
Diffuser Improvements. The purpose of
this rule is to ensure safety of vessels
and the navigable waters in the safety
zone during the scheduled construction
period.
E:\FR\FM\04OCR1.SGM
04OCR1
]]>Agencies
[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Pages 54620-54622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21550]
=======================================================================
-----------------------------------------------------------------------
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, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary 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 regulation prohibits persons and vessels
from being in the limitied acess area unless authorized by the Captain
of the Port Sector Ohio Valley or a designated representative.
DATES: This rule is effective from October 9, 2021, through October 10,
2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0546 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST3 Christopher Matthews, Sector Ohio Valley, U.S. Coast
Guard 502-779-5334, [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
On July 5, 2021, River Cities Community Sailing Program notified
the Coast Guard that from noon to 5 p.m. on October 9 and Ocotber 10,
2021, it will be conducting a sailing regatta. In response, on August
4, 2021, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled ``Special Local Regulation; Ohio River, Louisville, KY''
[USCG-2021-0546] (86
[[Page 54621]]
FR 41909). There we stated why we issued the NPRM, and invited comments
on our proposed regulatory action related to this sailing regatta.
During the comment period that ended August 24, 2021, we received 0
comments.
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 sailing regatta.
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 Sector Ohio
Valley (COTP) has determined that potential hazards associated with the
sailing regatta to be used in this October 9 and 10, 2021 will be a
safety concern for anyone within the area. The purpose of this rule is
to ensure safety of vessels and the navigable waters in the safety zone
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 4, 2021. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a special local regulation from noon to 5
p.m. on October 9, 2021 and October 10, 2021. The special local
regulation will cover all navigable waters from mile marker 594 to 598
on the Ohio River. The duration of the zone is intended to ensure the
safety of the sailing vessels during the regatta. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP or a designated representative. To seek permission to
enter, contact the COTP or the COTP's representative by Sector Ohio
Valley command center at 502-779-5422. Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
or the designated representative.
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,
location, and duration of the special local regulation. This special
local regulation restricts transit on a four-mile stretch of the Ohio
River for five hours on two days. Moreover, the Coast Guard will 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 allows vessel 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 received 0 comments from the Small Business
Administration on this rulemaking. 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
safety zone 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 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
[[Page 54622]]
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 two day sailing competition held
annually. It is categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Memorandum for the Record supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
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.T08-0462 to read as follows:
Sec. 100.T08-0462 Special Local Regulation; Ohio River, Louisville,
KY.
(a) Regulated area. The following area is a special local regulated
area: All navigable waters of the Ohio River from Mile Marker (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 (COTP) 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 Coast Guard will issue Broadcast Notice to Mariners (BNMs),
Local Notices to Mariners (LNMs), and Marine Safety Information
Bulletins (MSIBs) about the special local regulation in this section.
(c) Enforcement period. This section will be enforced from noon
through 5 p.m. on October 9, 2021, and October 10, 2021.
Dated: September 29, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-21550 Filed 10-1-21; 8:45 am]
BILLING CODE 9110-04-P
