81_FR_38709 81 FR 38595 - Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update

81 FR 38595 - Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 114 (June 14, 2016)

Page Range38595-38599
FR Document2016-14030

The Coast Guard is amending and updating its safety zones relating to recurring fireworks shows 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 safety zone. Through this rulemaking the current list of recurring safety zones is 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, certain restrictions are placed on marine traffic in specified areas.

Federal Register, Volume 81 Issue 114 (Tuesday, June 14, 2016) 
[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Rules and Regulations]
[Pages 38595-38599]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14030]


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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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is amending and updating its safety zones 
relating to recurring fireworks shows 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 safety zone. 
Through this rulemaking the current list of recurring safety zones is 
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, certain restrictions are placed on marine traffic 
in specified areas.

DATES: This rule is effective June 14, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1029 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

[[Page 38596]]

II. Background Information and Regulatory History

    The Captain of the Port (COTP) Ohio Valley is establishing, 
amending, and updating its current list of recurring safety zones 
codified in Table 1 of 33 CFR 165.801, for the COTP Ohio Valley zone.
    On March 7, 2016, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled, ``Sector Ohio Valley Annual and Recurring 
Safety Zones Update'' (81 FR 11706). The public comment period ended on 
June 6, 2016. Before the comment period closed, the Coast Guard 
received information regarding two of the events. For the event listed 
in Table 1, Line 21, the event sponsor provided a new location and for 
the event listed in Table 1, Line 56, the event sponsor requested that 
for 2016 the event be held on July 1 instead of July 4. See Section IV. 
for more information on these two events.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Though we are not 
providing a full 30 day notice period, the Coast Guard is now providing 
less than 30 days notice before the first recurring event enforcement 
is required on July 2. It is impracticable to provide a full 30-days 
notice because this rule must be effective July 2, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard's authority for establishing a safety zone is 
contained at 33 U.S.C. 1231. The Coast Guard is amending and updating 
the safety zones 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 the Sector Ohio Valley AOR. These events include 
fireworks displays, air shows, and others. The current list in Table 1 
of 33 CFR 165.801 requires amending to provide new information on 
existing safety zones, 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 rulemaking reduces 
administrative overhead and provides the public with notice through 
publication in the Federal Register of the upcoming recurring safety 
zones.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received information correcting the location for 
one recurring event and a date change for another from the event 
sponsors during the NPRM comment period. Therefore for 2016, we will be 
issuing a temporary final rule under Docket number 2016-0502 to 
establish a safety zone for the Riverfront Independence Festival 
Fireworks event, listed in Table 1, Line 21. The temporary final rule 
will be issued because for 2016, the event sponsor requested to change 
the location of the event from Ohio River, Mile 602.0-603.5 (Indiana) 
to Ohio River, Mile 607.5-608.6 (Indiana). If the event sponsor decides 
to continue to hold the event annually at the new location, the Coast 
Guard will publish an NPRM in the Federal Register to permanently 
change the event location.
    In addition for 2016, we will be issuing a temporary final rule 
under Docket number 2016-0279 to establish a safety zone for the 
Kindred Communications/Dawg Dazzle event, listed in Table 1, Line 56. 
The temporary final rule will reflect that for 2016 the event will be 
held on July 1 instead of July 4, which is the date listed in this 
final rule. If the event sponsor decides to continue to hold the event 
annually on July 1, the Coast Guard will publish an NPRM in the Federal 
Register to permanently change the event date.
    All other proposed amendments will be adopted without change from 
the NPRM.

V. Regulatory Analyses

    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.

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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    The Coast Guard expects the economic impact of this rule to be 
minimal, and therefore a full regulatory evaluation is unnecessary. 
This rule establishes safety zones limiting access to certain areas 
under 33 CFR 165 within Sector Ohio Valley's AOR. The effect of this 
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 
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 areas.

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 received 0 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.
    This 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 
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

[[Page 38597]]

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 
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 rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will 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 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact 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 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 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 (42 U.S.C. 4321-4370f), and have determined 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 section 2.B.2, figure 2-
1, paragraph (34(g)) of the Instruction because it involves 
establishment of safety zones.

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

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 Sector 
Ohio Valley's AOR.

* * * * *

----------------------------------------------------------------------------------------------------------------
               Date                      Sponsor/name                  Location                  Safety zone
----------------------------------------------------------------------------------------------------------------
1. Multiple days--April through     Pittsburgh Pirates/    Pittsburgh, PA.................  Allegheny River,
 November.                           Pittsburgh Pirates                                      Mile 0.2-0.8
                                     Fireworks.                                              (Pennsylvania).
2. Multiple days--April through     Cincinnati Reds/       Cincinnati, OH.................  Ohio River, Mile
 November.                           Cincinnati Reds                                         470.1-470.4;
                                     Season Fireworks.                                       extending 500 ft.
                                                                                             from the State of
                                                                                             Ohio shoreline
                                                                                             (Ohio).
3. 2 days--Third Friday and         Thunder Over           Louisville, KY.................  Ohio River, Mile
 Saturday in April.                  Louisville/Thunder                                      602.0-606.0
                                     Over Louisville.                                        (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
                                     Henderson Breakfast                                     803.5-804.5
                                     Lions Club.                                             (Kentucky).
6. 1 day--A Saturday in July......  Paducah Parks and      Paducah, KY....................  Ohio River, Mile
                                     Recreation                                              934.0-936.0
                                     Department/Cross                                        (Kentucky).
                                     River Swim.
7. 1 day--First weekend in June...  Bellaire All-American  Bellaire, OH...................  Ohio River, Mile
                                     Days.                                                   93.5-94.5 (Ohio).
8. 2 days--Second weekend of June.  Rice's Landing         Rices Landing, PA..............  Monongahela River,
                                     Riverfest.                                              Mile 68.0-68.8
                                                                                             (Pennsylvania).
9. 1 day--First Sunday in June....  West Virginia          Charleston, WV.................  Kanawha River, Mile
                                     Symphony Orchestra/                                     59.5-60.5 (West
                                     Symphony Sunday.                                        Virginia).
10. 1 day--Saturday before 4th of   Riverfest Inc./Saint   St. Albans, WV.................  Kanawha River, Mile
 July.                               Albans Riverfest.                                       46.3-47.3 (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
                                     Association.                                            251.5-252.5 (Ohio).
13. 1 day--4th July...............  People for the Point   South Point, OH................  Ohio River, Mile 317-
                                     Party in the Park.                                      318 (Ohio).

[[Page 38598]]

 
14. 1 day--Last weekend in June or  Riverview Park         Louisville, KY.................  Ohio River, Mile
 first weekend in July.              Independence                                            618.5-619.5
                                     Festival.                                               (Kentucky).
15. 1 day--Third or fourth week in  Upper Ohio Valley      Wheeling, WV...................  Ohio River, Mile
 July.                               Italian Heritage                                        90.0-90.5 (West
                                     Festival/Upper Ohio                                     Virginia).
                                     Valley Italian
                                     Heritage Festival
                                     Fireworks.
16. 1 day--4th or 5th of July.....  City of Cape           Cape Girardeau, MO.............  Upper Mississippi
                                     Girardeau July 4th                                      River, Mile 50.0-
                                     Fireworks Show on                                       52.0.
                                     the River.
17. 1 day--Third or fourth of July  Harrah's Casino/       Metropolis, IL.................  Ohio River, Mile
                                     Metropolis Fireworks.                                   942.0-945.0
                                                                                             (Illinois).
18. 1 day--During the first week    Louisville Bats        Louisville, KY.................  Ohio River, Mile
 of July.                            Baseball Club/                                          603.0-604.0
                                     Louisville Bats                                         (Kentucky).
                                     Firework Show.
19. 1 day--July 4th...............  Waterfront             Louisville, KY.................  Ohio River, Mile
                                     Independence                                            603.0-604.0
                                     Festival/Louisville                                     (Kentucky).
                                     Orchestra Waterfront
                                     4th.
20. 1 day--During the first week    Celebration of the     Owensboro, KY..................  Ohio River, Mile
 of July.                            American Spirit                                         755.0-759.0
                                     Fireworks/All                                           (Kentucky).
                                     American 4th of July.
21. 1 day--During the first week    Riverfront             New Albany, IN.................  Ohio River, Mile
 of July.                            Independence                                            602.0-603.5
                                     Festival Fireworks.                                     (Indiana).
22. 1 day--July 4th...............  Shoals Radio Group/    Florence, AL...................  Tennessee River,
                                     Spirit of Freedom                                       Mile 255.0-257.0
                                     Fireworks.                                              (Alabama).
23. 1 day--Saturday before July     Town of Cumberland     Cumberland City, TN............  Cumberland River,
 4th.                                City/Lighting up the                                    Mile 103.0-105.0
                                     Cumberlands                                             (Tennessee).
                                     Fireworks.
24. 1 day--July 4th...............  Knoxville office of    Knoxville, TN..................  Tennessee River,
                                     Special Events/                                         Mile 647.0-648.0
                                     Knoxville July 4th                                      (Tennessee).
                                     Fireworks.
25. 1 day--July 4th...............  NCVC/Music City July   Nashville, TN..................  Cumberland River,
                                     4th.                                                    Mile 190.0-192.0
                                                                                             (Tennessee).
26. 1 day--Saturday before July     Grand Harbor Marina/   Counce, TN.....................  Tennessee-Tombigbee
 4th, or Saturday after July 4th.    Grand Harbor Marina                                     Waterway, Mile
                                     July 4th Celebration.                                   450.0-450.5
                                                                                             (Tennessee).
27. 1 day--Second Saturday in July  City of Bellevue, KY/  Bellevue, KY...................  Ohio River, Mile
                                     Bellevue Beach Park                                     468.2-469.2
                                     Concert Fireworks.                                      (Kentucky and
                                                                                             Ohio).
28. 1 day--Sunday before Labor Day  Cincinnati Bell,       Cincinnati, OH.................  Ohio River, Mile
                                     WEBN, and Proctor                                       469.2-470.5
                                     and Gamble/Riverfest.                                   (Kentucky and
                                                                                             Ohio).
29. 1 day--July 4th...............  Summer Motions Inc./   Ashland, KY....................  Ohio River, Mile
                                     Summer Motion.                                          322.1-323.1
                                                                                             (Kentucky).
30. 1 day--Last weekend in June or  City of Point          Point Pleasant, WV.............  Ohio River, Mile
 First weekend in July.              Pleasant/Point                                          265.2-266.2 (West
                                     Pleasant Sternwheel                                     Virginia).
                                     Fireworks.
31. 1 day--July 3rd or 4th........  City of Charleston/    Charleston, WV.................  Kanawha River, Mile
                                     City of Charleston                                      58.1-59.1 (West
                                     Independence Day                                        Virginia).
                                     Celebration.
32. 1 day--July 4th...............  Civic Forum/Civic      Portsmouth, OH.................  Ohio River, Mile
                                     Forum 4th of July                                       355.5-356.5 (Ohio).
                                     Celebration.
33. 1 day--Second Saturday in       Guyasuta Days          Pittsburgh, PA.................  Allegheny River,
 August.                             Festival/Borough of                                     Mile 005.5-006.0
                                     Sharpsburg.                                             (Pennsylvania).
34. 1 day--Third week in October..  Pittsburgh Foundation/ Pittsburgh, PA.................  Ohio River, Mile 0.0-
                                     Bob O'Connor Cookie                                     0.5 (Pennsylvania).
                                     Cruise.
35. 1 day--Second full week of      PA FOB Fireworks       Pittsburgh, PA.................  Allegheny River,
 August.                             Display.                                                Mile 0.8-1.0
                                                                                             (Pennsylvania).
36. 1 day--Third week of August...  Beaver River Regatta   Beaver, PA.....................  Ohio River, Mile
                                     Fireworks.                                              25.2-25.8
                                                                                             (Pennsylvania).
37. 1 day--December 31............  Pittsburgh Cultural    Pittsburgh, PA.................  Allegheny River
                                     Trust/Highmark First                                    Mile, 0.5-1.0
                                     Night Pittsburgh.                                       (Pennsylvania).
38. 1 day--Friday before            Pittsburgh Downtown    Pittsburgh, PA.................  Allegheny River,
 Thanksgiving.                       Partnership/Light Up                                    Mile 0.0-1.0
                                     Night.                                                  (Pennsylvania).
39. Multiple days--April through    Pittsburgh             Pittsburgh, PA.................  Monongahela River,
 November.                           Riverhounds/                                            Mile 0.22-0.77
                                     Riverhounds                                             (Pennsylvania).
                                     Fireworks.
40. 3 days--Second or third         Hadi Shrine/           Evansville, IN.................  Ohio River, Miles
 weekend in June.                    Evansville Freedom                                      791.0-795.0
                                     Festival Air Show.                                      (Indiana).
41. 1 day--Second or third          Friends of the         Chattanooga, TN................  Tennessee River,
 Saturday in June, the last day of   Festival, Inc./                                         Mile 463.5-464.5
 the Riverbend Festival.             Riverbend Festival                                      (Tennessee).
                                     Fireworks.
42. 2 days--Second Friday and       City of Newport, KY/   Newport, KY....................  Ohio River, Miles
 Saturday in June.                   Italianfest.                                            469.6-470.0
                                                                                             (Kentucky and
                                                                                             Ohio).
43. 1 day--Last Saturday in June..  City of Aurora/Aurora  Aurora, IN.....................  Ohio River Mile,
                                     Firecracker Festival.                                   496.7; 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. Albans, WV.................  Kanawha River, Mile
                                     St. Albans Town Fair.                                   46.3-47.3 (West
                                                                                             Virginia).
45. 1 day--Saturday before July     PUSH Beaver County/    Beaver, PA.....................  Ohio River, Mile
 4th.                                Beaver County Boom.                                     24.0-25.6
                                                                                             (Pennsylvania).
46. 1 day--4th of July (Rain date-- Monongahela Area       Monongahela, PA................  Monongahela River,
 July 5th).                          Chamber of Commerce/                                    Mile 032.0-033.0
                                     Monongahela 4th of                                      (Pennsylvania).
                                     July Celebration.
47. 1 day--Saturday Third or        Oakmont Yacht Club/    Oakmont, PA....................  Allegheny River,
 Fourth full week of July (Rain      Oakmont Yacht Club                                      Mile 12.0-12.5
 date--following Sunday).            Fireworks.                                              (Pennsylvania).

[[Page 38599]]

 
48. 1 day--Week of July 4th.......  Three Rivers Regatta   Pittsburgh, PA.................  Ohio River, Mile 0.0-
                                     Fireworks/EQT 4th of                                    0.5, Allegheny
                                     July Celebration.                                       River, Mile 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
 of July.                            Celebration.                                            791.0-795.0
                                                                                             (Indiana).
52. 3 days--One of the first two    Madison Regatta, Inc./ Madison, IN....................  Ohio River, Miles
 weekends in July.                   Madison Regatta.                                        555.0-560.0
                                                                                             (Indiana).
53. 1 day--July 4th...............  Cities of Cincinnati,  Newport, KY....................  Ohio River, Miles
                                     OH and Newport, KY/                                     469.6-470.2
                                     July 4th Fireworks.                                     (Kentucky and
                                                                                             Ohio).
54. 2 days--second weekend in July  Marietta Riverfront    Marietta, OH...................  Ohio River, Mile
                                     Roar/Marietta                                           171.6-172.6 (Ohio).
                                     Riverfront Roar.
55. 1 day--1st weekend in July....  Gallia County Chamber  Gallipolis, OH.................  Ohio River, Mile
                                     of Commerce/                                            269.5-270.5 (Ohio).
                                     Gallipolis River
                                     Recreation Festival.
56. 1 day--July 4th...............  Kindred                Huntington, WV.................  Ohio River, Mile
                                     Communications/Dawg                                     307.8-308.8 (West
                                     Dazzle.                                                 Virginia).
57. 1 day--Last weekend in August.  Swiss Wine Festival/   Ghent, KY......................  Ohio River, Mile 537
                                     Swiss Wine Festival                                     (Kentucky).
                                     Fireworks Show.
58. 1 day--Saturday of Labor Day    University of          Pittsburgh, PA.................  Allegheny River,
 weekend.                            Pittsburgh Athletic                                     Mile 0.0-0.25
                                     Department/                                             (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      Wheeling, WV...................  Ohio River, Mile
 September.                          Port Sternwheel                                         90.2-90.7 (West
                                     Festival Foundation/                                    Virginia).
                                     Wheeling Heritage
                                     Port Sternwheel
                                     Festival.
61. 1 day--Second Saturday in       Ohio River Sternwheel  Marietta, OH...................  Ohio River, Mile
 September.                          Festival Committee                                      171.5-172.5 (Ohio).
                                     fireworks.
62. 1 day--Second weekend of        Leukemia and Lymphoma  Nashville, TN..................  Cumberland River,
 October.                            Society/Light the                                       Mile 190.0-192.0
                                     Night Walk Fireworks.                                   (Tennessee).
63. 1 day--First Saturday in        West Virginia Motor    Charleston, WV.................  Kanawha River, Mile
 October.                            Car Festival.                                           58-59 (West
                                                                                             Virginia).
64. 1 day--Friday before            Kittanning Light Up    Kittanning, PA.................  Allegheny River,
 Thanksgiving.                       Night Firework                                          Mile 44.5-45.5
                                     Display.                                                (Pennsylvania).
65. 1 day--First week in October..  Leukemia & Lymphoma    Pittsburgh, PA.................  Ohio River, Mile 0.0-
                                     Society/Light the                                       0.4 (Pennsylvania).
                                     Night.
66. 1 day--Friday before            Duquesne Light/Santa   Pittsburgh, PA.................  Monongahela River,
 Thanksgiving.                       Spectacular.                                            Mile 0.00-0.22,
                                                                                             Allegheny River,
                                                                                             Mile 0.00-0.25, and
                                                                                             Ohio River, Mile
                                                                                             0.0-0.3
                                                                                             (Pennsylvania).
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: June 9, 2016.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-14030 Filed 6-13-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations 38595 ■ b. In paragraphs (c)(2) and (3), remove DATES: This deviation is effective Dated: June 8, 2016. the words ‘‘Baltimore, Maryland’’ without actual notice from June 14, D.H. Sulouff, wherever they appear, and add, in their 2016 until 11:59 p.m. on July 1, 2016. District Bridge Chief, Eleventh Coast Guard places the words ‘‘Maryland-National For the purposes of enforcement, actual District. Capital Region’’. notice will be used from June 8, 2016, [FR Doc. 2016–13987 Filed 6–13–16; 8:45 am] until June 14, 2016. BILLING CODE 9110–04–P § 165.513 [Amended] ADDRESSES: The docket for this ■ 15. In § 165.513— deviation, [USCG–2016–0472], is ■ a. In paragraph (a) remove the words DEPARTMENT OF HOMELAND available at http://www.regulations.gov. ‘‘Port Baltimore’’ wherever they appear, SECURITY Type the docket number in the and add, in their places, the words ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ ‘‘Port, Maryland-National Capital Coast Guard Click on Open Docket Folder on the line Region’’ and remove the words associated with this deviation. ‘‘Baltimore, Maryland’’ wherever they 33 CFR Part 165 appear, and add, in their places the FOR FURTHER INFORMATION CONTACT: If words ‘‘Maryland-National Capital you have questions on this temporary [Docket Number USCG–2015–1029] Region’’; and deviation, call or email David H. ■ b. In paragraphs (c)(2)–(4), remove the Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510– RIN 1625–AA00 words ‘‘Port Baltimore’’ wherever they appear, and add, in their places, the 437–3516, email David.H.Sulouff@ uscg.mil. Safety Zones; Coast Guard Sector words ‘‘Port, Maryland-National Capital Ohio Valley Annual and Recurring Region’’. SUPPLEMENTARY INFORMATION: San Safety Zones Update § 165.518 [Amended] Joaquin County Department of Public Works has requested a temporary AGENCY: Coast Guard, DHS. ■ 16. In § 165.518, in paragraph (c)(7) change to the operation of the San ACTION: Final rule. remove the word ‘‘Baltimore’’ and add, Joaquin County (Bacon Island Road) in its place, the words ‘‘Maryland- highway drawbridge, mile 8.6, over SUMMARY: The Coast Guard is amending National Capital Region’’, and in Middle River, between Bacon Island and and updating its safety zones relating to paragraph (c)(3) remove the words Lower Jones Tract, California. The recurring fireworks shows and other ‘‘Baltimore to’’ and add, in their place, drawbridge navigation span provides events that take place in the Coast the words ‘‘Sector Maryland-National approximately 8 feet vertical clearance Guard Sector Ohio Valley area of Capital Region’’. above Mean High Water in the closed- responsibility (AOR). This rule informs Dated: June 8, 2016. to-navigation position. The draw the public of regularly scheduled events Katia Kroutil, operates as required by 33 CFR that require additional safety measures Chief, Office of Regulations and 117.171(a). Navigation on the waterway through the establishing of a safety Administrative Law. is commercial and recreational. zone. Through this rulemaking the [FR Doc. 2016–13983 Filed 6–13–16; 8:45 am] The drawspan operating machinery current list of recurring safety zones is BILLING CODE 9110–04–P failed unexpectedly on May 28, 2016 updated with revisions, additional and the drawspan will remain secured events, and removal of events that no in the closed-to-navigation position longer take place in Sector Ohio Valley’s DEPARTMENT OF HOMELAND until 11:59 p.m. on July 1, 2016, to AOR. When these safety zones are SECURITY allow the bridge owner to make enforced, certain restrictions are placed emergency repairs. This temporary on marine traffic in specified areas. Coast Guard deviation has been coordinated with the DATES: This rule is effective June 14, waterway users. No objections to the 2016. 33 CFR Part 117 proposed temporary deviation were ADDRESSES: To view documents [Docket No. USCG–2016–0472] raised. mentioned in this preamble as being Vessels able to pass through the available in the docket, go to http:// Drawbridge Operation Regulation; bridge in the closed position may do so www.regulations.gov, type USCG–2015– Middle River, Between Bacon Island at anytime. The bridge will not be able 1029 in the ‘‘SEARCH’’ box and click and Lower Jones Tract, California to open for emergencies. Old River can ‘‘SEARCH.’’ Click on Open Docket AGENCY: Coast Guard, DHS. be used as an alternate route for vessels Folder on the line associated with this ACTION:Notice of temporary deviation unable to pass through the bridge in the rule. from drawbridge regulation. closed position. The Coast Guard has FOR FURTHER INFORMATION CONTACT: If also informed waterway users through you have questions on this proposed SUMMARY: The Coast Guard has issued a our Local and Broadcast Notices to rule, call or email Petty Officer James temporary deviation from the operating Mariners of the change in operating Robinson, Sector Ohio Valley, U.S. schedule that governs the San Joaquin schedule for the bridge so that vessel Coast Guard; telephone (502) 779–5347, County (Bacon Island Road) highway operators can arrange their transits to email James.C.Robinson@uscg.mil. bridge across Middle River, mile 8.6, at minimize any impact caused by the temporary deviation. SUPPLEMENTARY INFORMATION: between Bacon Island and Lower Jones sradovich on DSK3TPTVN1PROD with RULES Tract, California. The deviation is In accordance with 33 CFR 117.35(e), I. Table of Abbreviations necessary to allow the bridge owner to the drawbridge must return to its regular CFR Code of Federal Regulations make emergency mechanical and operating schedule immediately at the DHS Department of Homeland Security electrical repairs. This deviation allows end of the effective period of this FR Federal Register the bridge to be secured in the closed- temporary deviation. This deviation NPRM Notice of proposed rulemaking to-navigation position during the from the operating regulations is § Section deviation period. authorized under 33 CFR 117.35. U.S.C. United States Code VerDate Sep<11>2014 16:33 Jun 13, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\14JNR1.SGM 14JNR1

38596 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations II. Background Information and IV. Discussion of Comments, Changes, The Coast Guard expects the Regulatory History and the Rule economic impact of this rule to be As noted above, we received minimal, and therefore a full regulatory The Captain of the Port (COTP) Ohio evaluation is unnecessary. This rule Valley is establishing, amending, and information correcting the location for one recurring event and a date change establishes safety zones limiting access updating its current list of recurring to certain areas under 33 CFR 165 for another from the event sponsors safety zones codified in Table 1 of 33 within Sector Ohio Valley’s AOR. The during the NPRM comment period. CFR 165.801, for the COTP Ohio Valley effect of this rulemaking will not be Therefore for 2016, we will be issuing zone. significant because these safety zones a temporary final rule under Docket On March 7, 2016, the Coast Guard are limited in scope and duration. number 2016–0502 to establish a safety published a notice of proposed Additionally, the public is given zone for the Riverfront Independence rulemaking (NPRM) entitled, ‘‘Sector advance notification through local forms Festival Fireworks event, listed in Table of notice, the Federal Register, and/or Ohio Valley Annual and Recurring 1, Line 21. The temporary final rule will Notices of Enforcement and thus will be Safety Zones Update’’ (81 FR 11706). be issued because for 2016, the event able to plan around the safety zones in The public comment period ended on sponsor requested to change the advance. Deviation from the safety June 6, 2016. Before the comment location of the event from Ohio River, zones established through this proposed period closed, the Coast Guard received Mile 602.0–603.5 (Indiana) to Ohio rulemaking may be requested from the information regarding two of the events. River, Mile 607.5–608.6 (Indiana). If the appropriate COTP and requests will be For the event listed in Table 1, Line 21, event sponsor decides to continue to considered on a case-by-case basis. the event sponsor provided a new hold the event annually at the new Broadcast Notices to Mariners and Local location and for the event listed in Table location, the Coast Guard will publish Notices to Mariners will also inform the 1, Line 56, the event sponsor requested an NPRM in the Federal Register to community of these safety zones so that that for 2016 the event be held on July permanently change the event location. they may plan accordingly for these 1 instead of July 4. See Section IV. for In addition for 2016, we will be short restrictions on transit. Vessel more information on these two events. issuing a temporary final rule under traffic may request permission from the Docket number 2016–0279 to establish a COTP Ohio Valley or a designated We are issuing this rule, and under 5 safety zone for the Kindred U.S.C. 553(d)(3), the Coast Guard finds representative to enter the restricted Communications/Dawg Dazzle event, areas. that good cause exists for making it listed in Table 1, Line 56. The effective less than 30 days after temporary final rule will reflect that for B. Impact on Small Entities publication in the Federal Register. 2016 the event will be held on July 1 The Regulatory Flexibility Act of Though we are not providing a full 30 instead of July 4, which is the date 1980, 5 U.S.C. 601–612, as amended, day notice period, the Coast Guard is listed in this final rule. If the event requires Federal agencies to consider now providing less than 30 days notice sponsor decides to continue to hold the the potential impact of regulations on before the first recurring event event annually on July 1, the Coast small entities during rulemaking. The enforcement is required on July 2. It is Guard will publish an NPRM in the term ‘‘small entities’’ comprises small impracticable to provide a full 30-days Federal Register to permanently change businesses, not-for-profit organizations notice because this rule must be the event date. that are independently owned and effective July 2, 2016. All other proposed amendments will operated and are not dominant in their be adopted without change from the fields, and governmental jurisdictions III. Legal Authority and Need for Rule NPRM. with populations of less than 50,000. The Coast Guard’s authority for The Coast Guard received 0 comments V. Regulatory Analyses establishing a safety zone is contained at from the Small Business Administration 33 U.S.C. 1231. The Coast Guard is We developed this rule after on this rulemaking. The Coast Guard considering numerous statutes and certifies under 5 U.S.C. 605(b) that this amending and updating the safety zones Executive orders related to rulemaking. rule will not have a significant under 33 CFR part 165 to include the Below we summarize our analyses economic impact on a substantial most up to date list of recurring safety based on a number of these statutes and number of small entities. zones for events held on or around This rule will affect the following Executive orders, and we discuss First navigable waters within the Sector Ohio entities, some of which may be small Amendment rights of protestors. Valley AOR. These events include entities: The owners or operators of fireworks displays, air shows, and A. Regulatory Planning and Review vessels intending to transit the safety others. The current list in Table 1 of 33 Executive Orders 12866 and 13563 zone areas during periods of CFR 165.801 requires amending to direct agencies to assess the costs and enforcement. The safety zones will not provide new information on existing benefits of available regulatory have a significant economic impact on safety zones, include new safety zones alternatives and, if regulation is a substantial number of small entities expected to recur annually or necessary, to select regulatory because they are limited in scope and biannually, and to remove safety zones approaches that maximize net benefits. will be in effect for short periods of that are no longer required. Issuing Executive Order 13563 emphasizes the time. Before the enforcement period, the individual regulations for each new importance of quantifying both costs Coast Guard COTP will issue maritime safety zone, amendment, or removal of and benefits, of reducing costs, of advisories widely available to waterway sradovich on DSK3TPTVN1PROD with RULES an existing safety zone creates harmonizing rules, and of promoting users. Deviation from the safety zones unnecessary administrative costs and flexibility. This rule has not been established through this rulemaking burdens. This rulemaking reduces designated a ‘‘significant regulatory may be requested from the appropriate administrative overhead and provides action,’’ under Executive Order 12866. COTP and requests will be considered the public with notice through Accordingly, it has not been reviewed on a case-by-case basis. publication in the Federal Register of by the Office of Management and Under section 213(a) of the Small the upcoming recurring safety zones. Budget. Business Regulatory Enforcement VerDate Sep<11>2014 16:33 Jun 13, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\14JNR1.SGM 14JNR1

Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations 38597 Fairness Act of 1996 (Pub.L.104–121), various levels of government. We have Environmental Policy Act of 1969 (42 we want to assist small entities in analyzed this rule under that Order and U.S.C. 4321–4370f), and have understanding this rule. If the rule have determined that it is consistent determined that this action is one of a would affect your small business, with the fundamental federalism category of actions that do not organization, or governmental principles and preemption requirements individually or cumulatively have a jurisdiction and you have questions described in Executive Order 13132. significant effect on the human concerning its provisions or options for Also, this rule does not have tribal environment. This proposed rule is compliance, please contact the person implications under Executive Order categorically excluded under section listed in the FOR FURTHER INFORMATION 13175, Consultation and Coordination 2.B.2, figure 2–1, paragraph (34(g)) of CONTACT section. with Indian Tribal Governments, the Instruction because it involves Small businesses may send comments because it does not have a substantial establishment of safety zones. on the actions of Federal employees direct effect on one or more Indian tribes, on the relationship between the G. Protest Activities who enforce, or otherwise determine compliance with, Federal regulations to Federal Government and Indian tribes, The Coast Guard respects the First the Small Business and Agriculture or on the distribution of power and Amendment rights of protesters. Regulatory Enforcement Ombudsman responsibilities between the Federal Protesters are asked to contact the and the Regional Small Business Government and Indian tribes. If you person listed in the FOR FURTHER Regulatory Fairness Boards. The believe this rule has implications for INFORMATION CONTACT section to Ombudsman evaluates these actions federalism or Indian tribes, please coordinate protest activities so that your annually and rates each agency’s contact the person listed in the FOR message can be received without responsiveness to small business. If you FURTHER INFORMATION CONTACT section. jeopardizing the safety or security of wish to comment on actions by people, places or vessels. E. Unfunded Mandates Reform Act employees of the Coast Guard, call 1– The Unfunded Mandates Reform Act List of Subjects in 33 CFR Part 165 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against of 1995 (2 U.S.C. 1531–1538) requires Harbors, Marine safety, Navigation small entities that question or complain Federal agencies to assess the effects of (water), Reporting and recordkeeping about this rule or any policy or action their discretionary regulatory actions. In requirements, Security measures, of the Coast Guard. particular, the Act addresses actions Waterways. that may result in the expenditure by a C. Collection of Information State, local, or tribal government, in the PART 165—REGULATED NAVIGATION This rule will not call for a new aggregate, or by the private sector of AREAS AND LIMITED ACCESS AREAS collection of information under the $100,000,000 (adjusted for inflation) or Paperwork Reduction Act of 1995 (44 more in any one year. Though this rule ■ 1. The authority citation for part 165 U.S.C. 3501–3520). will not result in such an expenditure, continues to read as follows: we do discuss the effects of this rule Authority: 33 U.S.C. 1231; 50 U.S.C. 191; D. Federalism and Indian Tribal elsewhere in this preamble. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Governments Department of Homeland Security Delegation A rule has implications for federalism F. Environment No. 0170.1. under Executive Order 13132, We have analyzed this rule under ■ 2. Amend § 165.801 by revising table Federalism, if it has a substantial direct Department of Homeland Security 1 to read as follows: effect on the States, on the relationship Management Directive 023–01 and between the national government and Commandant Instruction M16475.lD, § 165.801 Annual Fireworks displays and the States, or on the distribution of which guide the Coast Guard in other events in Sector Ohio Valley’s AOR. power and responsibilities among the complying with the National * * * * * Date Sponsor/name Location Safety zone 1. Multiple days—April through No- Pittsburgh Pirates/Pittsburgh Pirates Pittsburgh, PA ........... Allegheny River, Mile 0.2–0.8 (Penn- vember. Fireworks. sylvania). 2. Multiple days—April through No- Cincinnati Reds/Cincinnati Reds Sea- Cincinnati, OH ........... Ohio River, Mile 470.1–470.4; extend- vember. son Fireworks. ing 500 ft. from the State of Ohio shoreline (Ohio). 3. 2 days—Third Friday and Saturday Thunder Over Louisville/Thunder Over Louisville, KY ............. Ohio River, Mile 602.0–606.0 (Ken- in April. Louisville. tucky). 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 Break- Henderson, KY .......... Ohio River, Mile 803.5–804.5 (Ken- fast Lions Club. tucky). 6. 1 day—A Saturday in July ............... Paducah Parks and Recreation De- Paducah, KY ............. Ohio River, Mile 934.0–936.0 (Ken- partment/Cross River Swim. tucky). 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 Orchestra/ Charleston, WV ......... Kanawha River, Mile 59.5–60.5 (West sradovich on DSK3TPTVN1PROD with RULES Symphony Sunday. Virginia). 10. 1 day—Saturday before 4th of July Riverfest Inc./Saint Albans Riverfest ... St. Albans, WV .......... Kanawha River, Mile 46.3–47.3 (West Virginia). 11. 1 day—4th July .............................. Greenup City ....................................... Greenup, KY ............. Ohio River, Mile 335.2–336.2 (Ken- tucky). 12. 1 day—4th July .............................. Middleport Community Association ..... Middleport, OH .......... Ohio River, Mile 251.5–252.5 (Ohio). 13. 1 day—4th July .............................. People for the Point Party in the Park South Point, OH ........ Ohio River, Mile 317–318 (Ohio). VerDate Sep<11>2014 16:33 Jun 13, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\14JNR1.SGM 14JNR1

38598 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations Date Sponsor/name Location Safety zone 14. 1 day—Last weekend in June or Riverview Park Independence Festival Louisville, KY ............. Ohio River, Mile 618.5–619.5 (Ken- first weekend in July. tucky). 15. 1 day—Third or fourth week in Upper Ohio Valley Italian Heritage Wheeling, WV ........... Ohio River, Mile 90.0–90.5 (West Vir- July. Festival/Upper Ohio Valley Italian ginia). Heritage Festival Fireworks. 16. 1 day—4th or 5th of July ............... City of Cape Girardeau July 4th Fire- Cape Girardeau, MO Upper Mississippi River, Mile 50.0– works Show on the River. 52.0. 17. 1 day—Third or fourth of July ....... Harrah’s Casino/Metropolis Fireworks Metropolis, IL ............. Ohio River, Mile 942.0–945.0 (Illinois). 18. 1 day—During the first week of Louisville Bats Baseball Club/Louis- Louisville, KY ............. Ohio River, Mile 603.0–604.0 (Ken- July. ville Bats Firework Show. tucky). 19. 1 day—July 4th .............................. Waterfront Independence Festival/ Louisville, KY ............. Ohio River, Mile 603.0–604.0 (Ken- Louisville Orchestra Waterfront 4th. tucky). 20. 1 day—During the first week of Celebration of the American Spirit Owensboro, KY ......... Ohio River, Mile 755.0–759.0 (Ken- July. Fireworks/All American 4th of July. tucky). 21. 1 day—During the first week of Riverfront Independence Festival Fire- New Albany, IN ......... Ohio River, Mile 602.0–603.5 (Indi- July. works. ana). 22. 1 day—July 4th .............................. Shoals Radio Group/Spirit of Freedom Florence, AL .............. Tennessee River, Mile 255.0–257.0 Fireworks. (Alabama). 23. 1 day—Saturday before July 4th ... Town of Cumberland City/Lighting up Cumberland City, TN Cumberland River, Mile 103.0–105.0 the Cumberlands Fireworks. (Tennessee). 24. 1 day—July 4th .............................. Knoxville office of Special Events/ Knoxville, TN ............. Tennessee River, Mile 647.0–648.0 Knoxville July 4th Fireworks. (Tennessee). 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 4th, Grand Harbor Marina/Grand Harbor Counce, TN ............... Tennessee-Tombigbee Waterway, or Saturday after July 4th. Marina July 4th Celebration. Mile 450.0–450.5 (Tennessee). 27. 1 day—Second Saturday in July ... City of Bellevue, KY/Bellevue Beach Bellevue, KY .............. Ohio River, Mile 468.2–469.2 (Ken- Park Concert Fireworks. tucky and Ohio). 28. 1 day—Sunday before Labor Day Cincinnati Bell, WEBN, and Proctor Cincinnati, OH ........... Ohio River, Mile 469.2–470.5 (Ken- and Gamble/Riverfest. tucky and Ohio). 29. 1 day—July 4th .............................. Summer Motions Inc./Summer Motion Ashland, KY .............. Ohio River, Mile 322.1–323.1 (Ken- tucky). 30. 1 day—Last weekend in June or City of Point Pleasant/Point Pleasant Point Pleasant, WV ... Ohio River, Mile 265.2–266.2 (West First weekend in July. Sternwheel Fireworks. Virginia). 31. 1 day—July 3rd or 4th ................... City of Charleston/City of Charleston Charleston, WV ......... Kanawha River, Mile 58.1–59.1 (West Independence Day Celebration. Virginia). 32. 1 day—July 4th .............................. Civic Forum/Civic Forum 4th of July Portsmouth, OH ........ Ohio River, Mile 355.5–356.5 (Ohio). Celebration. 33. 1 day—Second Saturday in Au- Guyasuta Days Festival/Borough of Pittsburgh, PA ........... Allegheny River, Mile 005.5–006.0 gust. Sharpsburg. (Pennsylvania). 34. 1 day—Third week in October ...... Pittsburgh Foundation/Bob O’Connor Pittsburgh, PA ........... Ohio River, Mile 0.0–0.5 (Pennsyl- Cookie Cruise. vania). 35. 1 day—Second full week of Au- PA FOB Fireworks Display ................. Pittsburgh, PA ........... Allegheny River, Mile 0.8–1.0 (Penn- gust. sylvania). 36. 1 day—Third week of August ........ Beaver River Regatta Fireworks ......... Beaver, PA ................ Ohio River, Mile 25.2–25.8 (Pennsyl- vania). 37. 1 day—December 31 .................... Pittsburgh Cultural Trust/Highmark Pittsburgh, PA ........... Allegheny River Mile, 0.5–1.0 (Penn- First Night Pittsburgh. sylvania). 38. 1 day—Friday before Thanksgiving Pittsburgh Downtown Partnership/ Pittsburgh, PA ........... Allegheny River, Mile 0.0–1.0 (Penn- Light Up Night. sylvania). 39. Multiple days—April through No- Pittsburgh Riverhounds/Riverhounds Pittsburgh, PA ........... Monongahela River, Mile 0.22–0.77 vember. Fireworks. (Pennsylvania). 40. 3 days—Second or third weekend Hadi Shrine/Evansville Freedom Fes- Evansville, IN ............ Ohio River, Miles 791.0–795.0 (Indi- in June. tival Air Show. ana). 41. 1 day—Second or third Saturday Friends of the Festival, Inc./Riverbend Chattanooga, TN ....... Tennessee River, Mile 463.5–464.5 in June, the last day of the Festival Fireworks. (Tennessee). Riverbend Festival. 42. 2 days—Second Friday and Satur- City of Newport, KY/Italianfest ............ Newport, KY .............. Ohio River, Miles 469.6–470.0 (Ken- day in June. tucky and Ohio). 43. 1 day—Last Saturday in June ....... City of Aurora/Aurora Firecracker Fes- Aurora, IN .................. Ohio River Mile, 496.7; 1400 ft. radius tival. 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. Albans Town St. Albans, WV .......... Kanawha River, Mile 46.3–47.3 (West Fair. Virginia). sradovich on DSK3TPTVN1PROD with RULES 45. 1 day—Saturday before July 4th ... PUSH Beaver County/Beaver County Beaver, PA ................ Ohio River, Mile 24.0–25.6 (Pennsyl- Boom. vania). 46. 1 day—4th of July (Rain date— Monongahela Area Chamber of Com- Monongahela, PA ...... Monongahela River, Mile 032.0–033.0 July 5th). merce/Monongahela 4th of July (Pennsylvania). Celebration. 47. 1 day—Saturday Third or Fourth Oakmont Yacht Club/Oakmont Yacht Oakmont, PA ............. Allegheny River, Mile 12.0–12.5 full week of July (Rain date—fol- Club Fireworks. (Pennsylvania). lowing Sunday). VerDate Sep<11>2014 16:33 Jun 13, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\14JNR1.SGM 14JNR1

Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations 38599 Date Sponsor/name Location Safety zone 48. 1 day—Week of July 4th ............... Three Rivers Regatta Fireworks/EQT Pittsburgh, PA ........... Ohio River, Mile 0.0–0.5, Allegheny 4th of July Celebration. River, Mile 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; Ten- nessee River, mile 0.0–1.0 (Ken- tucky). 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 of Evansville Freedom Celebration ......... Evansville, IN ............ Ohio River, Miles 791.0–795.0 (Indi- July. ana). 52. 3 days—One of the first two week- Madison Regatta, Inc./Madison Re- Madison, IN ............... Ohio River, Miles 555.0–560.0 (Indi- ends in July. gatta. ana). 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 Daz- Huntington, WV ......... Ohio River, Mile 307.8–308.8 (West zle. 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 Pittsburgh Steelers Fireworks ............. Pittsburgh, PA ........... Ohio River, Mile 0.3–Allegheny River, from 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 Octo- Leukemia and Lymphoma Society/ Nashville, TN ............. Cumberland River, Mile 190.0–192.0 ber. 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 Kittanning, PA ........... Allegheny River, Mile 44.5–45.5 Display. (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 (Penn- sylvania). * * * * * ACTION: Temporary final rule. FOR FURTHER INFORMATION CONTACT: If Dated: June 9, 2016. you have questions on this rule, call or SUMMARY: The Coast Guard is email MST1 Jennifer Haggins, Marine R.V. Timme, establishing a temporary safety zone for Safety Unit Pittsburgh, U.S. Coast Captain, U.S. Coast Guard, Captain of the navigable waters of the Ohio River from Port Ohio Valley. Guard, at telephone 412–221–0807, mile 43.2 to mile 43.6. The safety zone email Jennifer.L.Haggins@uscg.mil. [FR Doc. 2016–14030 Filed 6–13–16; 8:45 am] is needed to protect personnel, vessels, SUPPLEMENTARY INFORMATION: BILLING CODE 9110–04–P and the marine environment from potential hazards created from a barge- I. Table of Abbreviations based fireworks display. Entry of vessels DEPARTMENT OF HOMELAND or persons into this zone is prohibited CFR Code of Federal Regulations SECURITY unless specifically authorized by the DHS Department of Homeland Security FR Federal Register Coast Guard Captain of the Port Pittsburgh. NPRM Notice of proposed rulemaking DATES: This rule is effective on July 2, § Section 33 CFR Part 165 2016, from 9 p.m. until 10:30 p.m. U.S.C. United States Code ADDRESSES: To view documents II. Background Information and sradovich on DSK3TPTVN1PROD with RULES [Docket Number USCG–2016–0389] mentioned in this preamble as being available in the docket, go to http:// Regulatory History RIN 1625–AA00 www.regulations.gov, type USCG–2016– The Coast Guard is issuing this Safety Zone; Ohio River Mile 43.2 to 0389 in the ‘‘SEARCH’’ box and click temporary rule without prior notice and Mile 43.6, East Liverpool, OH ‘‘SEARCH.’’ Click on Open Docket opportunity to comment pursuant to Folder on the line associated with this authority under section 4(a) of the AGENCY: Coast Guard, DHS. rule. Administrative Procedure Act (APA) (5 VerDate Sep<11>2014 16:33 Jun 13, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\14JNR1.SGM 14JNR1


Document Created: 2016-06-14 02:58:47
Document Modified: 2016-06-14 02:58:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective June 14, 2016.
ContactIf 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 Citation81 FR 38595 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
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