Federal Register - December 6, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules presented during certain events taking place in the AOR. This section requires amendment from time to time to properly reflect the recurring safety
zone regulations in the AOR. This proposed rule would amend and update 165.801 by revising the current Table 1.

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This proposed rule would add the following 2 safety zones to the existing Table 1 of 165.801 as follows:

Date
Event/sponsor
Ohio Valley location
Regulated area
2. 2 daysThird Friday and Saturday in April.
76. 1 dayOne weekend in the month of August or September.

Thunder Over Louisville

Louisville, KY

Owensboro Fireworks Lights show.

Owensboro, KY

Ohio River, Miles 597.0604.0 Kentucky.
Ohio River, Miles 756757 Kentucky.

Regulated area
and
Bridge
This proposed rule would remove the following 4 safety zones to the existing Table 1 of 165.801 as follows:
Date
Event/sponsor
Ohio Valley location
6. 3 Days in May

Oak Ridge, TN

Clinch River, Miles 48.552.

65. 1 Day in July

US Rowing Southeast Youth Championship Regatta.
Three Rivers Regatta

Knoxville, TN

95. 1 Day in October
96. 1 day in October

Outdoor Chattanooga/Swim the Suck ..
Chattajack

Chattanooga, TN
Chattanooga, TN

Tennessee River, Miles 642653 Tennessee.
Tennessee River, Miles 452.0454.5.
Tennessee River, Miles 462.7465.5
Tennessee.

This proposed rule would amend the following 1 safety zone to the existing Table 1 of 165.801 as follows:
Date
Event/sponsor
Ohio Valley location
Regulated area
23. One dayThe weekend of Labor Day.

Newburgh Fireworks Display

Newburgh, IN

Ohio River, Miles 777.3778.3 Indiana.

The effect of this proposed rule would be to restrict general navigation in the safety zones during the events. Vessels intending to transit the designated waterway through the safety zones would only be allowed to transit the area when the COTP, or a designated representative, has deemed it safe to do so or at the completion of the event. The proposed annually recurring safety zones are necessary to provide for the safety of life on navigable waters during the events.

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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
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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.
The Coast Guard expects the economic impact of this proposed rule to be minimal, therefore a full regulatory evaluation is unnecessary. This proposed rule would establish safety zones limiting access to certain areas under 33 CFR part 165 within Sector Ohio Valleys AOR. The effect of this proposed rulemaking would not be significant because these safety zones would be limited in scope and duration.
Additionally, the public would be given advance notification through the Federal Register, and/or Notices of Enforcement and, thus, will be able to plan operations around the safety zones.
Broadcast Notices to Mariners, Local Notices to Mariners, and Safety Marine Information Broadcasts would inform the community of these safety zones.
Vessel traffic would be allowed to request permission from the COTP or a
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designated representative to enter the restricted areas. Broadcast Notices to Mariners, Local Notices to Mariners, and Safety Marine Information Broadcasts would inform the community of these safety zones. Vessel traffic would be allowed to request permission from the COTP or a designated representative to enter the restricted areas.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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.
605b 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 safety
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Federal Register - December 6, 2021

TitoloFederal Register

PaeseStati Uniti

Data06/12/2021

Conteggio pagine291

Numero di edizioni7802

Prima edizione14/03/1936

Ultima edizione25/06/2026

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