81 FR 11706 - Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 44 (March 7, 2016)
Coast Guard
Federal Register Volume 81, Issue 44 (March 7, 2016)
| Page Range | 11706-11711 | |
| FR Document | 2016-05032 |
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)] [Proposed Rules] [Pages 11706-11711] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05032] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-1029] RIN 1625-AA00 Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to amend and update its list of recurring safety zone regulations that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This notice informs the public of regularly scheduled events that require additional safety measures through establishing a safety zone. Through this notice the current list of recurring safety zones is proposed to be updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley's AOR. When these safety zones are enforced, vessel traffic is restricted from specified areas. Additionally, this one proposed rulemaking project reduces administrative costs involved in producing separate proposed rules for each individual recurring safety zone and serves to provide notice of the known recurring safety zones throughout the year. DATES: Comments and related material must be received by the Coast Guard on or before June 6, 2016. ADDRESSES: You may submit comments identified by docket number USCG- 2015-1029 using the Federal eRulemaking Portal at http://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 on this proposed rule, call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779-5347, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive order FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The legal basis for the rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define regulatory safety zones. The Captain of the Port (COTP) Ohio Valley is proposing to establish, amend, and update its current list of recurring safety zone regulations. These safety zones are proposed to be added, amended, and updated to the list of annually recurring safety zones under 33 CFR 165.801 in Table no. 1 for annual safety zones in the COTP Ohio Valley zone. The Coast Guard will address all comments accordingly, whether through response, additional revision to the regulation, or otherwise. Additionally, these recurring events are provided to the public through local avenues and planned by the local communities. The current list of annual and recurring safety zones occurring in Sector Ohio Valley's AOR is published under 33 CFR part 165.801. That most recent list was created August 18, 2015 through the rulemaking 80 FR 49911, which finalized the interim rule [[Page 11707]] published April 22, 2014, 79 FR 22398, which received no adverse comments. The August 18, 2015 rulemaking established 33 CFR 165.801 creating the current comprehensive list of recurring safety zones. The Coast Guard is amending and updating the safety zone regulations under 33 CFR part 165 to include the most up to date list of recurring safety zones for events held on or around navigable waters within Sector Ohio Valley's AOR. These events include air shows, fireworks displays, and other marine related events requiring a limited access area restricting vessel traffic for safety purposes. The current list under 33 CFR 165.801 requires amending to provide new information on existing safety zones, updating to include new safety zones expected to recur annually or biannually, and to remove safety zones that are no longer required. Issuing individual regulations for each new safety zone, amendment, or removal of an existing safety zone creates unnecessary administrative costs and burdens. This single proposed rulemaking will considerably reduce administrative overhead and provides the public with notice through publication in the Federal Register of the upcoming recurring safety zone regulations. The Coast Guard encourages the public to participate in this proposed rulemaking through the comment process so that any necessary changes can be identified and implemented in a timely and efficient manner. III. Discussion of the Rule 33 CFR part 165 contains regulations establishing limited access areas to restrict vessel traffic for the safety of persons and property. Section 165.801 establishes recurring safety zones to restrict vessel transit into and through specified areas to protect spectators, mariners, and other persons and property from potential hazards presented during certain events taking place in Sector Ohio Valley's AOR. This section requires amendment from time to time to properly reflect the recurring safety zone regulations in Sector Ohio Valley's AOR. This proposed rule amends and updates Section 165.801 replacing the current Table 1 for Sector Ohio Valley. Additionally, this proposed rule adds 13 new recurring safety zones and removes 6 safety zones. Thirteen new recurring safety zones are proposed to be added under the new Table 1 of Sec. 165.801 for Sector Ohio Valley, as follows: ---------------------------------------------------------------------------------------------------------------- Date Event/sponsor Ohio Valley location Regulated area ---------------------------------------------------------------------------------------------------------------- 1 day--Last weekend in June or Riverview Park Louisville, KY....... Ohio River, Mile 618.5- first weekend in July. Independence Festival. 619.5 (Kentucky). 1 day--First weekend in June...... Bellaire All-American Days Bellaire, OH......... Ohio River, Mile 93.5- 94.5 (Ohio). 2 days--Second weekend of June.... Rice's Landing Riverfest.. Rices Landing, PA.... Monongahela River, Mile 68.0-68.8 (Pennsylvania). 1 day--Second full week of August. PA FOB Fireworks Display.. Pittsburgh, PA....... Allegheny River, Mile 0.8- 1.0 (Pennsylvania). 1 day--Third week of August....... Beaver River Regatta Beaver, PA........... Ohio River, Mile 25.2- Fireworks. 25.8 (Pennsylvania). 1 day--Fourth or Fifth of July.... City of Cape Girardeau Cape Girardeau, MO... Upper Mississippi River, July 4th Fireworks Show Mile 50.0-52.0 on the River. (Missouri). Last Sunday in May................ Friends of Ironton........ Ironton, OH.......... Ohio River, Mile 326.7- 327.7 (Ohio). July 4th.......................... Greenup City.............. Greenup, KY.......... Ohio River, Mile 335.2- 336.2 (Kentucky). July 4th.......................... Middleport Community Middleport, OH....... Ohio River, Mile 251.5- Association. 252.5 (Ohio). Second Saturday in September...... Ohio River Sternwheel Marietta, OH......... Ohio River, Mile 171.5- Festival Committee 172.5 (Ohio). fireworks. July 4th.......................... People for the Point Party South Point, OH...... Ohio River, Mile 317-318 in the Park. (Ohio). 1 day--Friday before Thanksgiving. Kittanning Light Up Night Kittanning, PA....... Allegheny River, Mile Firework Display. 44.5-45.5 (Pennsylvania). First Saturday in October......... West Virginia Motor Car Charleston, WV....... Kanawha River, Mile 58-59 Festival. (West Virginia). ---------------------------------------------------------------------------------------------------------------- This proposed rule removes the following 6 safety zone regulations from the existing Table 1 Part of Sec. 165.801 for Sector Ohio Valley, as follows: ---------------------------------------------------------------------------------------------------------------- Date Event/sponsor Ohio Valley location Regulated area ---------------------------------------------------------------------------------------------------------------- 1 day--July 4th................... Downtown Henderson Project/ Henderson, KY........ Ohio River, Mile 803.5- Henderson Independence 804.5 (Kentucky). Bank Fireworks. 1 day--First or second weekend in Zambelli Fireworks/ Louisville, KY....... Ohio River, Miles 602.0- October. American Pyrotechnic 606.0 (Kentucky). Association Annual Convention Fireworks Display. 1 day--July 4th................... Lake Guntersville Chamber Guntersville, AL..... Tennessee River, Mile of Commerce/Lake 356.0-358.0 (Alabama). Guntersville 4th of July Celebration. 1 day--July 3rd or the weekend City of Clarksville/ Clarksville, TN...... Cumberland River, Mile before July 3rd if the 3rd is on Clarksville Independence 103.0-105.0 (Tennessee). a weekday. Day Fireworks. 1 day--Labor Day weekend.......... Knoxville Tourism and Knoxville, TN........ Tennessee River, Mile Sports Corporation/ 647.0-648.0 (Tennessee). Boomsday Festival. 1 day--Friday after Thanksgiving.. Chattanooga Presents/Grand Chattanooga, TN...... Tennessee River, Mile Illumination. 463.0-469.0 (Tennessee). ---------------------------------------------------------------------------------------------------------------- [[Page 11708]] The effect of this proposed rule will be to restrict general navigation in the safety zone during the event. Vessels intending to transit the designated waterway through the safety zone will only be allowed to transit the area when the COTP Ohio Valley, or 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. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on a number of these statutes and E.O.s, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review E.O.s 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. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This proposed rule has not been designated a ``significant regulatory action,'' under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. The Coast Guard expects the economic impact of this proposed rule to be minimal, therefore a full regulatory evaluation is unnecessary. This proposed rule establishes safety zones limiting access to certain areas under 33 CFR part 165 within Sector Ohio Valley's AOR. The effect of this proposed rulemaking will not be significant because these safety zones are limited in scope and duration. Additionally, the public is given advance notification through local forms of notice, the Federal Register, and/or Notices of Enforcement and thus will be able to plan operations around the safety zones in advance. Deviation from the safety zones established through this proposed 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 also inform the community of these safety zones 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 area. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601 through 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 will not have a significant economic impact on a substantial number of small entities. This proposed rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit the safety zone areas during periods of enforcement. The safety zones will not have a significant economic impact on a substantial number of small entities because they are limited in scope and will be in effect for short periods of time. Before the enforcement period, the Coast Guard COTP will issue maritime advisories widely available to waterway users. Deviation from the safety zones established through this proposed rulemaking may be requested from the appropriate COTP and requests will be considered on a case-by-case basis. 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 proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact 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 proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 through 3520.). D. Federalism and Indian Tribal Governments A rule has implications for federalism under E.O. 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 E.O. 13132. Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 through 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 proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (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 is categorically excluded under [[Page 11709]] section 2.B.2, figure 2-1, paragraph (34(g) of the Instruction because it involves establishment of safety zones. 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 contact 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. 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. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the U.S. Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Amend Sec. 165.801 by revising table 1 to read as follows: Sec. 165.801 Annual fireworks displays and other events in the Eighth Coast Guard District requiring safety zones. * * * * * Table 1 of Sec. 165.801--Sector Ohio Valley Annual and Recurring Safety Zones ---------------------------------------------------------------------------------------------------------------- Date Sponsor/name Location Safety zone ---------------------------------------------------------------------------------------------------------------- 1. Multiple days--April through Pittsburgh Pirates/ Pittsburgh, PA....... Allegheny River, Mile 0.2- November. Pittsburgh Pirates 0.8 (Pennsylvania). Fireworks. 2. Multiple days--April through Cincinnati Reds/Cincinnati Cincinnati, OH....... Ohio River, Mile 470.1- November. Reds Season Fireworks. 470.4; extending 500 ft. from the State of Ohio shoreline (Ohio). 3. 2 days--Third Friday and Thunder Over Louisville/ Louisville, KY....... Ohio River, Mile 602.0- Saturday in April. Thunder Over Louisville. 606.0 (Kentucky). 4. Last Sunday in May............. Friends of Ironton........ Ironton, OH.......... Ohio River, Mile 326.7- 327.7 (Ohio). 5. 3 days--Third weekend in April. Henderson Tri-Fest/ Henderson, KY........ Ohio River, Mile 803.5- Henderson Breakfast Lions 804.5 (Kentucky). Club. 6. 1 day--A Saturday in July...... Paducah Parks and Paducah, KY.......... Ohio River, Mile 934.0- Recreation Department/ 936.0 (Kentucky). Cross River Swim. 7. 1 day--First weekend in June... Bellaire All-American Days Bellaire, OH......... Ohio River, Mile 93.5- 94.5 (Ohio). 8. 2 days--Second weekend of June. Rice's Landing Riverfest.. Rices Landing, PA.... Monongahela River, Mile 68.0-68.8 (Pennsylvania). 9. 1 day--First Sunday in June.... West Virginia Symphony Charleston, WV....... Kanawha River, Mile 59.5- Orchestra/Symphony Sunday. 60.5 (West Virginia). 10. 1 day--Saturday before 4th of Riverfest Inc./Saint St. Albans, WV....... Kanawha River, Mile 46.3- July. Albans Riverfest. 47.3 (West Virginia). 11. 1 day--4th July............... Greenup City.............. Greenup, KY.......... Ohio River, Mile 335.2- 336.2 (Kentucky). 12. 1 day--4th July............... Middleport Community Middleport, OH....... Ohio River, Mile 251.5- Association. 252.5 (Ohio). 13. 1 day--4th July............... People for the Point Party South Point, OH...... Ohio River, Mile 317-318 in the Park. (Ohio). 14. 1 day--Last weekend in June or Riverview Park Louisville, KY....... Ohio River, Mile 618.5- first weekend in July. Independence Festival. 619.5 (Kentucky). 15. 1 day--Third or fourth week in Upper Ohio Valley Italian Wheeling, WV......... Ohio River, Mile 90.0- July. Heritage Festival/Upper 90.5 (West Virginia). Ohio Valley Italian Heritage Festival Fireworks. 16. 1 day--4th or 5th of July..... City of Cape Girardeau Cape Girardeau, MO... Upper Mississippi River, July 4th Fireworks Show Mile 50.0-52.0. on the River. 17. 1 day--Third or fourth of July Harrah's Casino/Metropolis Metropolis, IL....... Ohio River, Mile 942.0- Fireworks. 945.0 (Illinois). 18. 1 day--During the first week Louisville Bats Baseball Louisville, KY....... Ohio River, Mile 603.0- of July. Club/Louisville Bats 604.0 (Kentucky). Firework Show. 19. 1 day--July 4th............... Waterfront Independence Louisville, KY....... Ohio River, Mile 603.0- Festival/Louisville 604.0 (Kentucky). Orchestra Waterfront 4th. 20. 1 day--During the first week Celebration of the Owensboro, KY........ Ohio River, Mile 755.0- of July. American Spirit Fireworks/ 759.0 (Kentucky). All American 4th of July. [[Page 11710]] 21. 1 day--During the first week Riverfront Independence New Albany, IN....... Ohio River, Mile 602.0- of July. Festival Fireworks. 603.5 (Indiana). 22. 1 day--July 4th............... Shoals Radio Group/Spirit Florence, AL......... Tennessee River, Mile of Freedom Fireworks. 255.0-257.0 (Alabama). 23. 1 day--Saturday before July Town of Cumberland City/ Cumberland City, TN.. Cumberland River, Mile 4th. Lighting up the 103.0-105.0 (Tennessee). Cumberlands Fireworks. 24. 1 day--July 4th............... Knoxville office of Knoxville, TN........ Tennessee River, Mile Special Events/Knoxville 647.0-648.0 (Tennessee). July 4th Fireworks. 25. 1 day--July 4th............... NCVC/Music City July 4th.. Nashville, TN........ Cumberland River, Mile 190.0-192.0 (Tennessee). 26. 1 day--Saturday before July Grand Harbor Marina/Grand Counce, TN........... Tennessee-Tombigbee 4th, or Saturday after July 4th. Harbor Marina July 4th Waterway, Mile 450.0- Celebration. 450.5 (Tennessee). 27. 1 day--Second Saturday in July City of Bellevue, KY/ Bellevue, KY......... Ohio River, Mile 468.2- Bellevue Beach Park 469.2 (Kentucky and Concert Fireworks. Ohio). 28. 1 day--Sunday before Labor Day Cincinnati Bell, WEBN, and Cincinnati, OH....... Ohio River, Mile 469.2- Proctor and Gamble/ 470.5 (Kentucky and Riverfest. Ohio). 29. 1 day--July 4th............... Summer Motions Inc./Summer Ashland, KY.......... Ohio River, Mile 322.1- Motion. 323.1 (Kentucky). 30. 1 day--Last weekend in June or City of Point Pleasant/ Point Pleasant, WV... Ohio River, Mile 265.2- First weekend in July. Point Pleasant Sternwheel 266.2 (West Virginia). Fireworks. 31. 1 day--July 3rd or 4th........ City of Charleston/City of Charleston, WV....... Kanawha River, Mile 58.1- Charleston Independence 59.1 (West Virginia). Day Celebration. 32. 1 day--July 4th............... Civic Forum/Civic Forum Portsmouth, OH....... Ohio River, Mile 355.5- 4th of July Celebration. 356.5 (Ohio). 33. 1 day--Second Saturday in Guyasuta Days Festival/ Pittsburgh, PA....... Allegheny River, Mile August. Borough of Sharpsburg. 005.5-006.0 (Pennsylvania). 34. 1 day--Third week in October.. Pittsburgh Foundation/Bob Pittsburgh, PA....... Ohio River, Mile 0.0-0.5 O'Connor Cookie Cruise. (Pennsylvania). 35. 1 day--Second full week of PA FOB Fireworks Display.. Pittsburgh, PA....... Allegheny River, Mile 0.8- August. 1.0 (Pennsylvania). 36. 1 day--Third week of August... Beaver River Regatta Beaver, PA........... Ohio River, Mile 25.2- Fireworks. 25.8 (Pennsylvania). 37. 1 day--December 31............ Pittsburgh Cultural Trust/ Pittsburgh, PA....... Allegheny River Mile, 0.5- Highmark First Night 1.0 (Pennsylvania). Pittsburgh. 38. 1 day--Friday before Pittsburgh Downtown Pittsburgh, PA....... Allegheny River, Mile 0.0- Thanksgiving. Partnership/Light Up 1.0 (Pennsylvania). Night. 39. Multiple days--April through Pittsburgh Riverhounds/ Pittsburgh, PA....... Monongahela River, Mile November. Riverhounds Fireworks. 0.22-0.77. (Pennsylvania). 40. 3 days--Second or third Hadi Shrine/Evansville Evansville, IN....... Ohio River, Miles 791.0- weekend in June. Freedom Festival Air Show. 795.0 (Indiana). 41. 1 day--Second or third Friends of the Festival, Chattanooga, TN...... Tennessee River, Mile Saturday in June, the last day of Inc./Riverbend Festival 463.5-464.5 (Tennessee). the Riverbend Festival. Fireworks. 42. 2 days--Second Friday and City of Newport, KY/ Newport, KY.......... Ohio River, Miles 469.6- Saturday in June. Italianfest. 470.0 (Kentucky and Ohio). 43. 1 day--Last Saturday in June.. City of Aurora/Aurora Aurora, IN........... Ohio River Mile, 496.7; Firecracker Festival. 1400 ft. radius from the Consolidated Grain Dock located along the State of Indiana shoreline at (Indiana and Kentucky). 44. 1 day--second weekend in June. City of St. Albans/St. St. Albans, WV....... Kanawha River, Mile 46.3- Albans Town Fair. 47.3 (West Virginia). 45. 1 day--Saturday before July PUSH Beaver County/Beaver Beaver, PA........... Ohio River, Mile 24.0- 4th. County Boom. 25.6 (Pennsylvania). 46. 1 day--4th of July (Rain date-- Monongahela Area Chamber Monongahela, PA...... Monongahela River, Mile July 5th). of Commerce/Monongahela 032.0-033.0 4th of July Celebration. (Pennsylvania). 47. 1 day--Saturday Third or Oakmont Yacht Club/Oakmont Oakmont, PA.......... Allegheny River, Mile Fourth full week of July (Rain Yacht Club Fireworks. 12.0-12.5 date--following Sunday). (Pennsylvania). 48. 1 day--Week of July 4th....... Three Rivers Regatta Pittsburgh, PA....... Ohio River, Mile 0.0-0.5, Fireworks/EQT 4th of July Allegheny River, Mile Celebration. 0.0-0.5, and Monongahela River, Mile 0.0-0.5 (Pennsylvania). 49. 1 day--3rd or 4th of July..... City of Paducah, KY....... Paducah, KY.......... Ohio River, Mile 934.0- 936.0; Tennessee River, mile 0.0--1.0 (Kentucky). 50. 1 day--3rd or 4th of July..... City of Hickman, KY....... Hickman, KY.......... Lower Mississippi River, Mile 921.0-923.0 (Kentucky). 51. 1 day--During the first week Evansville Freedom Evansville, IN....... Ohio River, Miles 791.0- of July. Celebration. 795.0 (Indiana). 52. 3 days--One of the first two Madison Regatta, Inc./ Madison, IN.......... Ohio River, Miles 555.0- weekends in July. Madison Regatta. 560.0 (Indiana). [[Page 11711]] 53. 1 day--July 4th............... Cities of Cincinnati, OH Newport, KY.......... Ohio River, Miles 469.6- and Newport, KY/July 4th 470.2 (Kentucky and Fireworks. Ohio). 54. 2 days--second weekend in July Marietta Riverfront Roar/ Marietta, OH......... Ohio River, Mile 171.6- Marietta Riverfront Roar. 172.6 (Ohio). 55. 1 day--1st weekend in July.... Gallia County Chamber of Gallipolis, OH....... Ohio River, Mile 269.5- Commerce/Gallipolis River 270.5 (Ohio). Recreation Festival. 56. 1 day--July 4th............... Kindred Communications/ Huntington, WV....... Ohio River, Mile 307.8- Dawg Dazzle. 308.8 (West Virginia). 57. 1 day--Last weekend in August. Swiss Wine Festival/Swiss Ghent, KY............ Ohio River, Mile 537 Wine Festival Fireworks (Kentucky). Show. 58. 1 day--Saturday of Labor Day University of Pittsburgh Pittsburgh, PA....... Allegheny River, Mile 0.0- weekend. Athletic Department/ 0.25 (Pennsylvania). University of Pittsburgh Fireworks. 59. Sunday, Monday, or Thursday Pittsburgh Steelers Pittsburgh, PA....... Ohio River, Mile 0.3- from September through January. Fireworks. Allegheny River, Mile 0.2 (Pennsylvania). 60. 3 days--Third weekend in Wheeling Heritage Port Wheeling, WV......... Ohio River, Mile 90.2- September. Sternwheel Festival 90.7 (West Virginia). Foundation/Wheeling Heritage Port Sternwheel Festival. 61. 1 day--Second Saturday in Ohio River Sternwheel Marietta, OH......... Ohio River, Mile 171.5- September. Festival Committee 172.5 (Ohio). fireworks. 62. 1 day--Second weekend of Leukemia and Lymphoma Nashville, TN........ Cumberland River, Mile October. Society/Light the Night 190.0-192.0 (Tennessee). Walk Fireworks. 63. 1 day--First Saturday in West Virginia Motor Car Charleston, WV....... Kanawha River, Mile 58-59 October. Festival. (West Virginia). 64. 1 day--Friday before Kittanning Light Up Night Kittanning, PA....... Allegheny River, Mile Thanksgiving. Firework Display. 44.5-45.5 (Pennsylvania). 65. 1 day--First week in October.. Leukemia & Lymphoma Pittsburgh, PA....... Ohio River, Mile 0.0-0.4 Society/Light the Night. (Pennsylvania). 66. 1 day--Friday before Duquesne Light/Santa Pittsburgh, PA....... Monongahela River, Mile Thanksgiving. Spectacular. 0.00-0.22, Allegheny River, Mile 0.00-0.25, and Ohio River, Mile 0.0- 0.3 (Pennsylvania). ---------------------------------------------------------------------------------------------------------------- * * * * * Dated: January 5, 2016. R.V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2016-05032 Filed 3-4-16; 8:45 am] BILLING CODE 9110-04-P
![11706 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules
13160, and subject to an existing 504 (B) If the alternatives in paragraph producing separate proposed rules for
plan to provide the child with equal (b)(2)(i) of this section cannot be each individual recurring safety zone
access to education. accommodated by DoDEA as the and serves to provide notice of the
(iv) Placement Flexibility. DoDEA’s receiving LEA for a child transferring in known recurring safety zones
administrative officials must have his or her senior year, then the throughout the year.
flexibility in waiving course or program provisions of paragraph (b)(1)(iv)(C) of DATES: Comments and related material
prerequisites or other preconditions for this section will apply. must be received by the Coast Guard on
placement in courses or programs (iii) Transfers During Senior Year or before June 6, 2016.
offered under the jurisdiction of DoDEA. (A) If a child transferring at the ADDRESSES: You may submit comments
(v) Absences Related to Deployment beginning or during his or her senior identified by docket number USCG–
Activities. A child whose parent or legal year is ineligible to graduate from 2015–1029 using the Federal
guardian is an active duty Service DoDEA, as the receiving LEA, after all eRulemaking Portal at http://
member and has been called to duty for, alternatives have been considered, www.regulations.gov. See the ‘‘Public
is on leave from, or has immediately DoDEA will request a diploma from the Participation and Request for
returned from deployment to a combat sending LEA or SEA. DoDEA will Comments’’ portion of the
zone or combat support posting, will be ensure the receipt of a diploma from the SUPPLEMENTARY INFORMATION section for
granted additional excused absences sending LEA or SEA, if the child meets further instructions on submitting
under governing DoDEA rules. the graduation requirements of the comments.
(3) Article VI: Eligibility for sending LEA or SEA.
Enrollment (B) If one of the States in question is FOR FURTHER INFORMATION CONTACT: If
(i) Eligibility in DoDEA Schools. not a member of this Compact, DoDEA, you have questions on this proposed
Eligibility of dependents of military as a receiving state, will use best efforts rule, call or email Petty Officer James
members is governed by the laws in 10 to facilitate a transferring child’s on- Robinson, Sector Ohio Valley, U.S.
U.S.C. 2164 and their implementing time graduation in accordance with Coast Guard; telephone (502) 779–5347,
regulations. Only children who are paragraphs (b)(1)(iv)(A) and (b)(1)(iv)(B) email James.C.Robinson@uscg.mil.
eligible to attend DoDEA schools may of this section. SUPPLEMENTARY INFORMATION:
do so, regardless of their transition Dated: March 2, 2016. I. Table of Abbreviations
status. Aaron Siegel,
(ii) Eligibility for Extracurricular CFR Code of Federal Regulations
Alternate OSD Federal Register Liaison DHS Department of Homeland Security
Participation. DoDEA, acting as the Officer, Department of Defense. E.O. Executive order
receiving LEA, will facilitate the FR Federal Register
[FR Doc. 2016–04970 Filed 3–4–16; 8:45 am]
opportunity for transitioning children’s NPRM Notice of proposed rulemaking
BILLING CODE 5001–06–P
inclusion in extracurricular activities, Pub. L. Public Law
regardless of application deadlines, to § Section
the extent the children are otherwise U.S.C. United States Code
qualified. DEPARTMENT OF HOMELAND
SECURITY II. Background, Purpose, and Legal
(4) Article VII: Graduation. To
Basis
facilitate the child’s on-time graduation,
DoDEA will incorporate the following Coast Guard The legal basis for the rule is 33
procedures: U.S.C. 1231; 50 U.S.C. 191; 33 CFR
(i) Waiver Requirements 33 CFR Part 165 1.05–1, 6.04–1, 6.04–6, and 160.5; and
(A) DoDEA administrative officials [Docket Number USCG–2015–1029] Department of Homeland Security
will waive specific courses required for Delegation No. 0170.1, which
RIN 1625–AA00 collectively authorize the Coast Guard
graduation if similar course work has
been satisfactorily completed in another to define regulatory safety zones.
Safety Zones; Coast Guard Sector The Captain of the Port (COTP) Ohio
LEA or provide reasonable justification Ohio Valley Annual and Recurring
for denial. Valley is proposing to establish, amend,
Safety Zones Update and update its current list of recurring
(B) If DoDEA, as a receiving LEA, does
not grant a waiver to a child who would AGENCY: Coast Guard, DHS. safety zone regulations.
qualify to graduate from the sending ACTION: Notice of proposed rulemaking. These safety zones are proposed to be
school, DoDEA will provide an added, amended, and updated to the list
alternative means of acquiring required SUMMARY: The Coast Guard proposes to of annually recurring safety zones under
coursework so that graduation may amend and update its list of recurring 33 CFR 165.801 in Table no. 1 for
occur on time. safety zone regulations that take place in annual safety zones in the COTP Ohio
(C) If DoDEA, as the receiving LEA, the Coast Guard Sector Ohio Valley area Valley zone. The Coast Guard will
requires a graduation project, volunteer of responsibility (AOR). This notice address all comments accordingly,
community service hours, or other informs the public of regularly whether through response, additional
DoDEA specific requirement, DoDEA scheduled events that require additional revision to the regulation, or otherwise.
may waive those requirements. safety measures through establishing a Additionally, these recurring events are
(ii) Exit Exams safety zone. Through this notice the provided to the public through local
current list of recurring safety zones is avenues and planned by the local
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(A) DoDEA, as a receiving LEA, must:
(1) Accept exit or end-of-course exams proposed to be updated with revisions, communities.
required for graduation from the additional events, and removal of events The current list of annual and
sending State. that no longer take place in Sector Ohio recurring safety zones occurring in
(2) Accept national norm-referenced Valley’s AOR. When these safety zones Sector Ohio Valley’s AOR is published
achievement tests. are enforced, vessel traffic is restricted under 33 CFR part 165.801. That most
(3) Provide alternative testing in lieu from specified areas. Additionally, this recent list was created August 18, 2015
of testing requirements for graduation in one proposed rulemaking project through the rulemaking 80 FR 49911,
the receiving from a DoDEA school. reduces administrative costs involved in which finalized the interim rule
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![Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules 11711
TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date Sponsor/name Location Safety zone
53. 1 day—July 4th ................................ Cities of Cincinnati, OH and Newport, Newport, KY .......... Ohio River, Miles 469.6–470.2 (Ken-
KY/July 4th Fireworks. tucky and Ohio).
54. 2 days—second weekend in July .... Marietta Riverfront Roar/Marietta Marietta, OH ......... Ohio River, Mile 171.6–172.6 (Ohio).
Riverfront Roar.
55. 1 day—1st weekend in July ............. Gallia County Chamber of Commerce/ Gallipolis, OH ........ Ohio River, Mile 269.5–270.5 (Ohio).
Gallipolis River Recreation Festival.
56. 1 day—July 4th ................................ Kindred Communications/Dawg Dazzle Huntington, WV ..... Ohio River, Mile 307.8–308.8 (West
Virginia).
57. 1 day—Last weekend in August ...... Swiss Wine Festival/Swiss Wine Fes- Ghent, KY ............. Ohio River, Mile 537 (Kentucky).
tival Fireworks Show.
58. 1 day—Saturday of Labor Day University of Pittsburgh Athletic De- Pittsburgh, PA ....... Allegheny River, Mile 0.0–0.25 (Penn-
weekend. partment/University of Pittsburgh sylvania).
Fireworks.
59. Sunday, Monday, or Thursday from Pittsburgh Steelers Fireworks .............. Pittsburgh, PA ....... Ohio River, Mile 0.3–Allegheny River,
September through January. Mile 0.2 (Pennsylvania).
60. 3 days—Third weekend in Sep- Wheeling Heritage Port Sternwheel Wheeling, WV ....... Ohio River, Mile 90.2–90.7 (West Vir-
tember. Festival Foundation/Wheeling Herit- ginia).
age Port Sternwheel Festival.
61. 1 day—Second Saturday in Sep- Ohio River Sternwheel Festival Com- Marietta, OH ......... Ohio River, Mile 171.5–172.5 (Ohio).
tember. mittee fireworks.
62. 1 day—Second weekend of October Leukemia and Lymphoma Society/ Nashville, TN ........ Cumberland River, Mile 190.0–192.0
Light the Night Walk Fireworks. (Tennessee).
63. 1 day—First Saturday in October .... West Virginia Motor Car Festival ......... Charleston, WV ..... Kanawha River, Mile 58–59 (West Vir-
ginia).
64. 1 day—Friday before Thanksgiving Kittanning Light Up Night Firework Dis- Kittanning, PA ....... Allegheny River, Mile 44.5–45.5
play. (Pennsylvania).
65. 1 day—First week in October .......... Leukemia & Lymphoma Society/Light Pittsburgh, PA ....... Ohio River, Mile 0.0–0.4 (Pennsyl-
the Night. vania).
66. 1 day—Friday before Thanksgiving Duquesne Light/Santa Spectacular ..... Pittsburgh, PA ....... Monongahela River, Mile 0.00–0.22,
Allegheny River, Mile 0.00–0.25, and
Ohio River, Mile 0.0–0.3 (Pennsyl-
vania).
* * * * * (NAAQS) are promulgated, the CAA confidential business information (CBI)
Dated: January 5, 2016. requires states to submit a plan for the or other information whose disclosure is
R.V. Timme,
implementation, maintenance, and restricted by statute. Multimedia
enforcement of such NAAQS. The plan submissions (audio, video, etc.) must be
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
is required to address basic program accompanied by a written comment.
elements including, but not limited to, The written comment is considered the
[FR Doc. 2016–05032 Filed 3–4–16; 8:45 am]
regulatory structure, monitoring, official comment and should include
BILLING CODE 9110–04–P
modeling, legal authority, and adequate discussion of all points you wish to
resources necessary to assure attainment make. The EPA will generally not
and maintenance of the standards. consider comments or comment
ENVIRONMENTAL PROTECTION These elements are referred to as contents located outside of the primary
AGENCY infrastructure requirements. The submission (i.e. on the web, cloud, or
Commonwealth of Virginia has made a other file sharing system). For
40 CFR Part 52 submittal addressing the infrastructure additional submission methods, please
[EPA–R03–OAR–2015–0838; FRL–9943–26– requirements for the 2012 fine contact the person identified in the FOR
Region 3] particulate matter (PM2.5) NAAQS. This FURTHER INFORMATION CONTACT section.
action is being taken under the CAA. For the full EPA public comment policy,
Approval and Promulgation of Air DATES: Written comments must be information about CBI or multimedia
Quality Implementation Plans; Virginia; received on or before April 6, 2016. submissions, and general guidance on
Infrastructure Requirements for the making effective comments, please visit
ADDRESSES: Submit your comments,
2012 Fine Particulate Matter National http://www2.epa.gov/dockets/
identified by Docket ID No. EPA–R03–
Ambient Air Quality Standards commenting-epa-dockets.
OAR–2015–0838 at http://
AGENCY: Environmental Protection www.regulations.gov, or via email to FOR FURTHER INFORMATION CONTACT:
Agency (EPA). fernandez.cristina@epa.gov. For Ellen Schmitt, (215) 814–5787, or by
comments submitted at Regulations.gov, email at schmitt.ellen@epa.gov.
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ACTION: Proposed rule.
follow the online instructions for SUPPLEMENTARY INFORMATION: On July
SUMMARY: The Environmental Protection submitting comments. Once submitted, 16, 2015, the Commonwealth of Virginia
Agency (EPA) is proposing to approve a comments cannot be edited or removed (Virginia) through the Virginia
state implementation plan (SIP) revision from Regulations.gov. For either manner Department of Environmental Quality
submitted by the Commonwealth of of submission, the EPA may publish any (VADEQ) submitted a revision to the
Virginia pursuant to the Clean Air Act comment received to its public docket. Commonwealth’s SIP to satisfy the
(CAA). Whenever new or revised Do not submit electronically any requirements of section 110(a)(2) of the
national ambient air quality standards information you consider to be CAA for the 2012 PM2.5 NAAQS.
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Document Created: 2018-02-02 15:08:18
Document Modified: 2018-02-02 15:08:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before June 6, 2016. | |
| Contact | If you have questions on this proposed rule, call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779-5347, email [email protected] | |
| FR Citation | 81 FR 11706 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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