<RULE>
DEPARTMENT OF HOMELAND SECURITY
<SUBAGY>Coast Guard</SUBAGY>
<CFR>33 CFR Part 100</CFR>
<DEPDOC>[Docket Number USCG-2023-0903]</DEPDOC>
<RIN>RIN 1625-AA08</RIN>
<SUBJECT>Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Coast Guard, Department of Homeland Security (DHS).
<HD SOURCE="HED">ACTION:</HD>
Final rule.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
The Coast Guard is amending and updating its special local regulations for recurring marine parades, regattas, and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This rule informs the public of regularly scheduled events that require additional safety measures through the establishing of a special local regulation. Through this rulemaking, the current list of recurring special local regulations is updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley's AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas.
</SUM>
<EFFDATE>
<HD SOURCE="HED">DATES:</HD>
This rule is effective on March 18, 2024.
</EFFDATE>
<HD SOURCE="HED">ADDRESSES:</HD>
To view documents mentioned in this preamble as being available in the docket, go to
<E T="03">https://www.regulations.gov,</E>
type USCG-2023-0903 in the search box and click “Search.” Next, in the Document Type column, select “Supporting & Related Material.”
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
If you have questions about this rule, call or email Petty Officer Kostas Papakonstantinou, Sector Ohio Valley, U.S. Coast Guard, U.S. Coast Guard; telephone (502) 779-5348, email
<E T="03">SECOHV-WWM@uscg.mil.</E>
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
<HD SOURCE="HD1">I. Table of Abbreviations</HD>
<EXTRACT>
<FP SOURCE="FP-1">CFR Code of Federal Regulations</FP>
<FP SOURCE="FP-1">DHS Department of Homeland Security</FP>
<FP SOURCE="FP-1">FR Federal Register</FP>
<FP SOURCE="FP-1">NPRM Notice of proposed rulemaking</FP>
<FP SOURCE="FP-1">§ Section </FP>
<FP SOURCE="FP-1">U.S.C. United States Code</FP>
</EXTRACT>
<HD SOURCE="HD1">II. Background Information and Regulatory History</HD>
The Captain of the Port Sector Ohio Valley (COTP) is establishing, amending, and updating its current list of recurring special local regulations codified under 33 CFR 100.801 in Table no. 1, for the COTP Ohio Valley zone.
On December 13, 2023, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Sector Ohio Valley Annual and Recurring Special Local Regulations Update (86 FR 69602). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to those recurring regulated areas. During the comment period that ended January 12, 2024, no comments were received. A detailed description of the changes is provided in the proposed rule.
<HD SOURCE="HD1">III. Legal Authority and Need for Rule</HD>
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Coast Guard is amending and updating the special local regulations under 33 CFR part 100 to include the most up to date list of recurring special local regulations for events held on or around navigable waters within the Sector Ohio Valley AOR. These events include marine parades, boat races, swim events, and others. The current list under 33 CFR 100.801 requires amending to provide new information on existing special local regulations, include new special local regulations expected to recur annually or biannually, and to remove special local regulations that are no longer required. Issuing individual regulations for each new special local regulation, amendment, or removal of an existing special local regulation creates unnecessary administrative costs and burdens. This rulemaking reduces administrative overhead and provides the public with notice through publication in the
<E T="04">Federal Register</E>
of the upcoming recurring special local regulations.
<HD SOURCE="HD1">IV. Discussion of Comments, Changes, and the Rule</HD>
As noted above, we received no comments on our NPRM published December 13th, 2023. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule amends and updates part 100 of 33 CFR by revising the current table for Sector Ohio Valley, and by adding four new recurring special local regulations, removing two special local regulations, and amending twenty-seven special local regulations as described in the NPRM. Vessels intending to transit the designated waterway through the safety zone will only be allowed to transit the area when the COTP, or designated representative, has deemed it safe to do so or at the completion of the event.
<HD SOURCE="HD1">V. Regulatory Analyses</HD>
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.
<HD SOURCE="HD2">A. Regulatory Planning and Review</HD>
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 section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB).
The Coast Guard expects the economic impact of this rule to be minimal, and therefore a full regulatory evaluation is unnecessary. This rule establishes special local regulations limiting access to certain areas under 33 CFR 100 within Sector Ohio Valley's AOR. The effect of this rulemaking will not be significant because these special local regulations are limited in scope and duration. Deviation from the special local regulations established through this rulemaking may be requested from the appropriate COTP and requests will be considered on a case-by-case basis.
Broadcast Notices to Mariners and Local Notices to Mariners will inform the community of these special local regulations so that they may plan accordingly for these short restrictions on transit. Vessel traffic may request permission from the COTP Ohio Valley or a designated representative to enter the restricted areas.
<HD SOURCE="HD2">B. Impact on Small Entities</HD>
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 00 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 special local regulation 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
<E T="02">FOR FURTHER INFORMATION CONTACT</E>
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.
<HD SOURCE="HD2">C. Collection of Information</HD>
This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
<HD SOURCE="HD2">D. Federalism and Indian Tribal Governments</HD>
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.
<HD SOURCE="HD2">E. Unfunded Mandates Reform Act</HD>
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Fede
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