Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules 41909 

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. 

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. 

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 

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 

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, 

Taylor.A.Mudrock@uscg.mil. 

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 

§ 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 


lotter on DSK11XQN23PROD with PROPOSALS1
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. 

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. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules 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 

■ 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 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 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. 

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 

AGENCY: 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. 

SUMMARY: 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. 

ADDRESSES: 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– 


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