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Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Proposed Rules area it may do so only with prior approval of the Patrol Commander and when so directed by that officer and will be operated at a no wake speed in a manner which will not endanger participants in the event or any other craft.
4 No spectator shall anchor, block, loiter, or impede the through transit of official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel.
5 The Patrol Commander may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given.
Failure to do so may result in expulsion from the area, citation for failure to comply, or both.
6 Any spectator vessel may anchor outside the regulated area specified in subsection a above, but may not anchor in, block, or loiter in a navigable channel.
7 The Patrol Commander may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property.
8 The Patrol Commander will terminate enforcement of the special regulations at the conclusion of the event.
d Enforcement Period. This section will be enforced from 11 a.m. through 6 p.m. on June 26, 2021.
Dated: May 14, 2021.
R.M. Scott, Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River.
BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 100
Docket Number USCG20210245
RIN 1625AA08

Type of Regulation; Ohio River, Tell City, IN
Coast Guard, DHS.
Notice of proposed rulemaking.

AGENCY:

The Coast Guard proposes to establish a temporary special local regulation for all navigable waters of the Ohio River, extending the entire width of the river, from mile marker MM 719
to MM 722. This action is necessary to
SUMMARY:

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If you have questions about this proposed rulemaking, call or email Petty Officer Christopher Roble, Sector Ohio Valley, U.S. Coast Guard; telephone 502779
5336, email SECOHV-WWM@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 E.O. Executive order FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law Section U.S.C. United States Code
II. Background, Purpose, and Legal Basis
FR Doc. 202111281 Filed 52721; 8:45 am
ACTION:

provide for the safety of persons, vessels, and the marine environment during the paddle event known as PADL
2021. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Sector 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 June 28, 2021.
ADDRESSES: You may submit comments identified by docket number USCG
20210245 using the Federal eRulemaking 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.

On March 25, 2021, the Paddle Perry notified the Coast Guard that it will be conducting a paddle excursion with 100
participants from 10:30 a.m. to 1:30 p.m.
on July 31, 2021. The Coast Guard proposes to establish a temporary special local regulation for all navigable waters of the Ohio River, extending the entire width of the river, from mile marker MM 719.0 to MM 722.0. The Captain of the Port Sector Ohio Valley has determined that a special local regulation is necessary to protect the participants from potential hazards associated with vessel traffic. The purpose of this rulemaking is to ensure the safety of persons, vessels, and the marine environment on the navigable waters 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.

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III. Discussion of Proposed Rule The COTP proposes to establish a temporary special local regulation for all navigable waters of the Ohio River from MM 719.0 to MM 722.0 from 10:30 a.m.
to 1:30 p.m. on July 31, 2021. The regulated area would cover all navigable waters of the Ohio River, extending the entire width of the river, between MM
719.0 to MM 722.0. The duration of the special local regulation is intended to ensure the safety of persons, vessels, and the marine environment on these navigable waters before, during, and after the PADL 2021 excursion. 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. To seek permission to enter, contact the COTP
or the COTPs representative by Sector Ohio Valley Command Center at 502
7795422. Those in the regulated area must comply with all lawful orders or directions given to them by the COTP or the designated representative.
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, duration, and time-of-day of the temporary special local regulation. This proposed special local regulation restricts transit on a three-mile stretch of the Ohio River for three hours on one day. Moreover, the Coast Guard would issue Broadcast Notices to Mariners, Local Notices to Mariners, and Marine Safety Information Bulletins about this special local regulation 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 regulated area.

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