81 FR 3976 - Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 15 (January 25, 2016)
Coast Guard
Federal Register Volume 81, Issue 15 (January 25, 2016)
| Page Range | 3976-3982 | |
| FR Document | 2016-01375 |
[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)] [Proposed Rules] [Pages 3976-3982] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01375] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2015-1039] RIN 1625-AA08 Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is amending and updating its special local regulations relating to recurring marine parades, regattas, and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This document informs the public of regularly scheduled events that require additional safety measures through establishing a special local regulation. Through this document the current list of recurring special local regulations is updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley's AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas. Additionally, this one proposed rulemaking project reduces administrative costs involved in producing separate proposed rules for each individual recurring special local regulation and serves to provide notice of the known recurring special local regulations throughout the year. DATES: Comments and related material must be received by the Coast Guard on or before April 25, 2016. ADDRESSES: You may submit comments identified by docket number USCG- 2015-1039 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 Captain of the Port (COTP) Ohio Valley is proposing to establish, amend, and update its current list of recurring special local regulations. These special local regulations are proposed to be added, amended, and updated to the list of annually recurring special local regulations under 33 CFR [[Page 3977]] 100.801 in Table 1 for annual special local regulations 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 special local regulations occurring in Sector Ohio Valley's AOR is published under 33 CFR 100.801. That most recent list was created August 19, 2015 through the rulemaking 80 FR 50196, which finalized the interim rule published April 22, 2014, 79 FR 22381, which received no adverse comments. The August 19, 2015 rulemaking established under 33 CFR 100.801 created the current comprehensive list of recurring safety zones. The Coast Guard's authority for establishing a special local regulation is contained at 33 U.S.C. 1233. The Coast Guard is amending and updating the special local regulations under 33 CFR part 100 to include the most up to date list of recurring special local regulations for events held on or around navigable waters within Sector Ohio Valley's AOR. These events include marine parades, boat races, swim events, and other marine related events. The current list under 33 CFR 100.801 requires amending to provide new information on existing special local regulations, updating to include new special local regulations expected to recur annually or biannually, and to remove special local regulations that are no longer required. Issuing individual regulations for each new special local regulation, amendment, or removal of an existing special local regulation 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 special local 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 Proposed Rule 33 CFR part 100 contains regulations to provide effective control over regattas and marine parades conducted on U.S. navigable waters in order to ensure the safety of life in the regattas or marine parade area. Section 100.801 provides the regulations applicable to events taking place in the Eighth Coast Guard District and also provides a table listing each event and special local regulation. This section requires amendment from time to time to properly reflect the recurring special local regulations in Sector Ohio Valley's AOR. This proposed rule amends and updates Sec. 100.801 replacing the current Table 1 for Sector Ohio Valley. Additionally, this proposed rule adds 16 new recurring special local regulations and removes 8 special local regulations. Sixteen new recurring special local regulations are added under the new Table 1 of Sec. 100.801 for Sector Ohio Valley: ---------------------------------------------------------------------------------------------------------------- Date Event/sponsor Ohio Valley location Regulated area ---------------------------------------------------------------------------------------------------------------- 2 days--last weekend in September.... Captain Quarters Louisville, KY......... Ohio River, Mile 595.0- Regatta. 597.0 (Kentucky). 1 day--One of the last three weekends Louisville Race the Louisville, KY......... Ohio River, Mile 601.5- in June. Bridge Triathlon. 603.0 (Kentucky). 2 days--Second or third weekend in Louisville Dragon Boat Louisville, KY......... Ohio River, Mile 603.0- September. Festival. 603.5 (Kentucky). 1 day--One of the last two weekends Ohio River Open Water Prospect, KY........... Ohio River, Mile 588.0- in September. Swim. 590.0 (Kentucky). 1 day--Third weekend in May.......... World Triathlon Chattanooga, TN........ Tennessee River, Mile Corporation/IRONMAN 463.0-466.0 70.3. (Tennessee). 1 day--Second weekend in July........ Bradley Dean/ Florence, AL........... Tennessee River, Mile Renaissance Man 255.0-257.0 (Alabama). Triathlon. 1 day--Last weekend in August........ Tennessee Clean Water Knoxville, TN.......... Tennessee River, Mile Network/Downtown 647.0-649.0 Dragon Boat Races. (Tennessee). 1 day--Last weekend in September..... World Triathlon Chattanooga, TN........ Tennessee River, Mile Corporation/IRONMAN 463.0-467.0 Chattanooga. (Tennessee). 1 day--Third weekend in November..... TREC-RACE/Pangorge..... Chattanooga, TN........ Tennessee River, Mile 444.0-455.0 (Tennessee). 2 days--weekend before Labor Day..... SUP3Rivers The Pittsburgh, PA......... Monongahela River, Mile Southside Outside. 0.0-3.09 Allegheny River, Mile 0.0-0.25 (Pennsylvania). 1 day--Saturday before Labor Day..... Wheeling Dragon Boat Wheeling, WV........... Ohio River, Mile 90.4- Race. 91.5 (West Virginia). 1 day--Third Saturday in July........ Pittsburgh Irish Rowing Pittsburgh, PA......... Ohio River, Miles 7.0- Club/St. Brendan's Cup 9.0, back channel Currach Regatta. (Pennsylvania). Second Sunday in September........... Ohio River Sternwheel Marietta, OH........... Ohio River, Mile 170.5- Festival Committee 172.5 (Ohio). Sternwheel race reenactment. Second Saturday in September......... Parkesburg Paddle Fest. Parkersburg, WV........ Ohio River, Mile 184.3- 188 (West Virginia). Three days during the fourth weekend New Martinsville New Martinsville, WV... Ohio River, Mile 128- in September. Records and Regatta 129 (West Virginia) Challenge Committee. 3 days--1st week of August........... EQT Pittsburgh Three Pittsburgh, PA......... Ohio River, Mile 0.0- Rivers Regatta. 0.5, Allegheny River, Mile 0.0-0.6, and Monongahela River, Mile 0.0-0.5 (Pennsylvania). ---------------------------------------------------------------------------------------------------------------- [[Page 3978]] This proposed rule removes the following 8 special local regulations from the existing Table 1 of Sec. 100.801: ---------------------------------------------------------------------------------------------------------------- Date Event/sponsor Ohio Valley location Regulated area ---------------------------------------------------------------------------------------------------------------- 1 day--Third weekend in July......... Headfirst Performance/ Finchville, KY......... Ohio River, Mile 595 Cardinal Harbor (Kentucky). Triathlon. 1 day--First or second weekend in Evansville Goodwill Evansville, IN......... Ohio River, Mile 792.0- August. Industries/Ducks on 796.0 (Indiana). the Ohio. 1 day--First or second weekend in Southern Indiana Louisville, KY......... Ohio River, Mile 600.0- June. Triathlon Inc./ 603.0 (Kentucky). Southern Indiana Triathlon. 1 day--Last weekend in June.......... SOS Triathlon.......... Louisville, KY......... Ohio River, Mile 602.0- 603.5 (Kentucky). 1 day--First or second weekend in City of Livermore Canoe Livermore, KY.......... Green River, Mile 71.0- July. Race. 71.5 (Kentucky). 1 day--First or second weekend in Jam Brand Sports, LLC/ Louisville, KY......... Ohio River, Mile 602.0- July. Buckhead Border 604.0 (Kentucky). Challenge Triathlon. 1 day--First weekend in August....... Kentucky Derby Festival/ New Albany, IN......... Ohio River, Mile 596.0- Venetian Boat Parade 604.3 (Indiana). Festival. 1 day--Second weekend in August...... North Oldham High LaGrange, KY........... Ohio River, Mile 595 School/North Oldham (Kentucky). Ohio River Swim. ---------------------------------------------------------------------------------------------------------------- The effect of this proposed rule will be to restrict general navigation during these events. Vessels intending to transit the designated waterway through the special local regulations 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. 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, and therefore a full regulatory evaluation is unnecessary. This proposed rule establishes special local regulations limiting access to certain areas under 33 CFR part 100 within Sector Ohio Valley's AOR. The effect of this proposed rulemaking will not be significant because these special local regulations 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 special local regulations in advance. Deviation from the special local regulations 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 special local regulations 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. 601-612, 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 special local regulation areas during periods of enforcement. The special local regulations 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 special local regulations 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 [[Page 3979]] 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- 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 proposed 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 proposed 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 proposed 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. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this proposed 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 section 2.B.2, figure 2-1, paragraph (34)(h) of the Instruction because it involves establishment of special local regulations related to marine event permits for marine parades, regattas, and other marine events. 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 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, and Waterways. For the reasons discussed in the preamble, the U.S. Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERWAYS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 0 2. Amend Sec. 100.801 by revising table 1 of Sec. 100.801 to read as follows: Sec. 100.801 Annual Marine Events in the Eighth Coast Guard District. * * * * * Table 1 of Sec. 100.801--Ohio Valley Captain of the Port Zone Annual and Recurring Marine Events ---------------------------------------------------------------------------------------------------------------- Date Event/sponsor Ohio Valley location Regulated area ---------------------------------------------------------------------------------------------------------------- 1. The first Saturday in April....... University of Charleston, WV......... Kanawha River, Mile Charleston Rowing/West 59.9-61.4 (West Virginia Governor's Virginia). Cup Regatta. 2. 1 day--Saturday before Memorial Venture Outdoors/ Pittsburgh, PA......... Allegheny River, Mile Day weekend. Venture Outdoors 0.0-0.25 Festival. Monongahela River 0.0- 0.25 (Pennsylvania). 3. 1 day--During the last week of Kentucky Derby Festival/ Louisville, KY......... Ohio River, Mile 596.0- April or first week of May. Belle of Louisville 604.3 (Kentucky). Operating Board/Great Steamboat Race. 4. 1 day--First or second weekend in REV3/REV3 Triathlon.... Knoxville, TN.......... Tennessee River, Mile May. 646.0-649.0 (Tennessee). [[Page 3980]] 5. 1 day--Third weekend in May....... World Triathlon Chattanooga, TN........ Tennessee River, Mile Corporation/IRONMAN 463.0-466.0 70.3. (Tennessee). 6. 1 day--Second weekend in June..... Chattanooga Parks and Chattanooga, TN........ Tennessee River, Mile Rec/Chattanooga River 464.0-469.0 Rats Open Water Swim. (Tennessee). 7. 1 day--Third or fourth weekend in Greater Morgantown Morgantown, WV......... Monongahela River, Mile June. Convention and 101.0-102.0 (West Visitors Bureau/ Virginia). Mountaineer Triathlon. 8. 2 days--First weekend of June..... Kentucky Drag Boat Pisgah Bay, KY......... Tennessee River, Mile Association. 30.0 (Kentucky). 9. Fourth Sunday in June............. Green Umbrella/Ohio Cincinnati, OH......... Ohio River, Mile 459.5- River Paddlefest. 470.2 (Ohio and Kentucky). 10. 1 day--Fourth or fifth Sunday in Green Umbrella/Great Cincinnati, OH......... Ohio River, Mile 469.8- September. Ohio River Swim. 470.2 (Ohio and Kentucky). 11. 1 day--One of the last two Ohio River Open Water Prospect, KY........... Ohio River, Mile 588.0- weekends in September. Swim. 590.0 9 (Kentucky). 12. 2 days-Second or third weekend in Louisville Dragon Boat Louisville, KY......... Ohio River, Mile 603.0- September. Festival. 603.5 (Kentucky). 13. 1 day--Third or fourth Sunday of Tucson Racing/ Cincinnati, OH......... Ohio River, Mile 469.3- July. Cincinnati Triathlon. 470.2 (Ohio). 14. 2 days--First weekend of July.... Kentucky Drag Boat Pisgah Bay, KY......... Tennessee River, Mile Association. 30.0 (Kentucky). 15. 1 day--Second weekend in July.... Bradley Dean/ Florence, AL........... Tennessee River, Mile Renaissance Man 255.0-257.0 (Alabama). Triathlon. 16. 3 days--One of the first two Madison Regatta, Inc./ Madison, IN............ Ohio River, Mile 555.0- weekends in July. Madison Regatta. 560.0 (Indiana). 17. 1 day--Third Saturday in July.... Pittsburgh Irish Rowing Pittsburgh, PA......... Miles 7-9, Ohio River Club/St. Brendan's Cup back channel Currach Regatta. (Pennsylvania). 18. 1 day--One of the last three Louisville Race the Louisville, KY......... Ohio River, Mile 601.5- weekends in June. Bridge Triathlon. 603.0 (Kentucky). 19. 1 day--Fourth weekend in June.... Team Magic/Chattanooga Chattanooga, TN........ Tennessee River, Mile Waterfront Triathlon. 463.0-465.0 (Tennessee). 20. 1 day--Fourth weekend in July.... Team Magic/Music City Nashville, TN.......... Cumberland River, Mile Triathlon. 190.0-192.0 (Tennessee). 21. 2 days--Last two weekends in July Friends of the Pittsburgh, PA......... Allegheny River, Mile or first week of August. Riverfront Inc./ 0.0-1.5 Pittsburgh Triathlon (Pennsylvania). and Adventure Races. 22. 3 days--First week of August..... EQT Pittsburgh Three Pittsburgh, PA......... Ohio River, Mile 0.0- Rivers Regatta. 0.5, Allegheny River, Mile 0.0-0.6, and Monongahela River, Mile 0.0-0.5 (Pennsylvania) 23. 2 days--First weekend of August.. Kentucky Drag Boat Pisgah Bay, KY......... Tennessee River, Mile Association. 30.0 (Kentucky). 24. 2 days--last weekend in September Captain Quarters Louisville, KY......... Ohio River, Mile 595.0- Regatta. 597.0 (Kentucky). 25. 2 days--Second or third weekend Norton Healthcare/ Louisville, KY......... Ohio River, Mile 601.5- in October. Ironman Triathlon. 604.5 (Kentucky). 26. 2 days--Third full weekend Ohio County Tourism/ Rising Sun, IN......... Ohio River, Mile 504.0- (Saturday and Sunday) in August. Rising Sun Boat Races. 508.0 (Indiana and Kentucky). 27. 1 day--Last weekend in August.... Tennessee Clean Water Knoxville, TN.......... Tennessee River, Mile Network/Downtown 647.0-649.0 Dragon Boat Races. (Tennessee) 28. 3 days--Third weekend in August.. Governors' Cup/UWP- Charleston, WV......... Kanawha River, Mile IJSBA National 56.7-57.6 (West Championships. Virginia). 29. 2 days--Fourth weekend in July... Herd Racing LLC/ Huntington, WV......... Ohio River, Mile 307.3- Huntington Classic. 309.3 (West Virginia). 30. 2 days--Last weekend in September Fall Records Challenge New Martinsville, WV... Ohio River, Mile 128.5- Committee/Fall Records 129.5 (West Virginia). Challenge. 31. 2 days--Labor Day weekend........ Wheeling Vintage Race Wheeling, WV........... Ohio River, Mile 090.4- Boat Association Ohio/ 091.5 (West Virginia). Wheeling Vintage Regatta. 32. 2 days--Weekend before Labor Day. SUP3Rivers The Pittsburgh, PA......... Monongahela River, Mile Southside Outside. 0.0-3.09 Allegheny River Mile 0.0-0.25 (Pennsylvania) 33. 1 day--Saturday before Labor Day. Wheeling Dragon Boat Wheeling, WV........... Ohio River, Mile 90.4- Race. 91.5 (West Virginia). 34. 1 day--First or second weekend in Cumberland River Nashville, TN.......... Cumberland River, Mile September. Compact/Cumberland 190.0-192.0 River Dragon Boat (Tennessee). Festival. 35. 2 days--First or second weekend State Dock/Cumberland Jamestown, KY.......... Lake Cumberland in September. Poker Run. (Kentucky). 36. 3 days--First or second weekend Sailing for a Cure Louisville, KY......... Ohio River, Mile 601.0- in September. Foundation/SFAC Fleur 604.0 (Kentucky). de Lis Regatta. [[Page 3981]] 37. 1 day--One weekend, last half of Harbor House of Louisville, KY......... Ohio River, Mile 602.0- September. Louisville/ 604.0 (Kentucky). Ken``Ducky'' Derby. 38. 1 day--Last weekend in September. World Triathlon Chattanooga, TN........ Tennessee River, Mile Corporation/IRONMAN 463.0-467.0 Chattanooga. (Tennessee) 39. 1 day--Second weekend in City of Clarksville/ Clarksville, TN........ Cumberland River, Mile September. Clarksville Riverfest 125.0-126.0 Cardboard Boat Regatta. (Tennessee). 40. 2 days--First weekend of October. Three Rivers Rowing Pittsburgh, PA......... Allegheny River, Mile Association/Head of 0.0-4.0 the Ohio Regatta. (Pennsylvania). 41. 1 day--First or second weekend in Lookout Rowing Club/ Chattanooga, TN........ Tennessee River, Mile October. Chattanooga Head Race. 464.0-467.0 (Tennessee). 42. 1 day--Third weekend in November. TREC-RACE/Pangorge..... Chattanooga, TN........ Tennessee River, Mile 444.0-455.0 (Tennessee). 43. 3 days--First weekend in November Atlanta Rowing Club/ Chattanooga, TN........ Tennessee River, Mile Head of the Hooch 464.0-467.0 Rowing Regatta. (Tennessee). 44. One Saturday in June or July..... Paducah Summer Festival/ Paducah, KY............ Ohio River, Mile 934- Cross River Swim. 936 (Kentucky). 45. 1 day--During the last weekend in Louisville Metro Louisville, KY......... Ohio River, Mile 602.0- May. Government/Mayor's 603.5 (Kentucky). Healthy Hometown Subway Fresh Fit, Hike, Bike and Paddle. 46. 4 days--Second or third weekend Hadi Shrine/Evansville Evansville, IN......... Ohio River, Mile 791.0- in June. Freedom Festival Air 795.0 (Indiana). Show. 47. 1 day--Second or third Saturday Allegheny Mountain LMSC/ Pittsburgh, PA......... Allegheny River, Mile in July. Search for Monongy. 0.0-0.6 (Pennsylvania). 48. 1 day--July 4th.................. Wellsburg 4th of July Wellsburg, WV.......... Ohio River, Mile 73.5- Committee/Wellsburg 74.5 (West Virginia). 4th of July Fireworks. 49. 1 day--During the first week of Evansville Freedom Evansville, IN......... Ohio River, Mile 791.0- July. Celebration/4th of 796.0 (Indiana). July Freedom Celebration. 50. 1 day--First weekend in September Louisville Metro Louisville, KY......... Ohio River, Mile 602.0- Government/Mayor's 603.5 (Kentucky). Healthy Hometown Subway Fresh Fit, Hike, Bike and Paddle. 51. 2 days--Third or fourth weekend Dare to Care/KFC Louisville, KY......... Ohio River, Mile 601.0- in July. Mayor's Cup Paddle 604.0 (Kentucky). Sports Races/Voyageur Canoe World Championships. 52. 3 days--Fourth weekend in August. Kentucky Drag Boat Livermore, KY.......... Green River, Mile 70.0- Association/Thunder on 71.5 (Kentucky). the Green. 53. 1 day--Fourth weekend in August.. Team Rocket Tri-Club/ Huntsville, AL......... Tennessee River, Mile Rocketman Triathlon. 333.0-334.5 (Alabama). 54. 3 days--First or second weekend Hadi Shrine/Owensboro Owensboro, KY.......... Ohio River, Mile 755.0- in September. Air Show. 759.0 (Kentucky). 55. 1 day--First Sunday in August.... HealthyHuntington.org/ Huntington, WV......... Ohio River, Mile 307.3- St. Marys Tri-state 308.3 (West Virginia). Triathlon. 56. 2 days--First Weekend in August.. Buckeye Outboard Portsmouth, OH......... Ohio River, Mile 355.3- Association/Portsmouth 356.7 (Ohio). Challenge. 57. 1 day--Sunday before Labor Day... Cincinnati Bell, WEBN, Cincinnati, OH......... Ohio River, Mile 464.0- and Proctor and Gamble/ 476.0 (Kentucky and Riverfest. Ohio) and Licking River Mile 0.0-3.0 (Kentucky). 58. 2 days--First or second weekend State Dock/Cumberland Jamestown, KY.......... Lake Cumberland in September. Poker Run. (Kentucky). 59. 1 day--One weekend, last half of Harbor House of Louisville, KY......... Ohio River, Mile 602.0- September. Louisville/ 604.0 (Kentucky). Ken``Ducky'' Derby. 60. Second Sunday in September....... Ohio River Sternwheel Marietta, OH........... Ohio River, Mile 170.5- Festival Committee 172.5 (Ohio) Sternwheel race reenactment. 61. Second Saturday in September..... Parkesburg Paddle Fest. Parkersburg, WV........ Ohio River, Mile 184.3- 188 (West Virginia) 62. Three days during the fourth New Martinsville New Martinsville, WV... Ohio River, Mile 128- weekend in September. Records and Regatta 129 (West Virginia) Challenge Committee. 63. First weekend in July............ Eddyville Creek Marina/ Eddyville, KY.......... Cumberland River Mile Thunder Over Eddy Bay. 46.0-47.0. (Kentucky). 64. First or second weekend of July.. Prizer Point Marina/4th Cadiz, KY.............. Cumberland River, Mile of July Celebration. 54.0-55.09 (Kentucky). 65. 2 days, last weekend in May or Visit Knoxville/Racing Knoxville, TN.......... Tennessee River, Mile first weekend in June. on the Tennessee. 647.0-648.0 (Tennessee). 66. 1 day--Second weekend in Start 2 Finish/ Ashland City, TN....... Cumberland River, Mile September. Nashvegas Triathlon. 157.0-159.0 (Tennessee). ---------------------------------------------------------------------------------------------------------------- [[Page 3982]] * * * * * Dated: January 5, 2016. R. V. Timme, Captain, U. S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2016-01375 Filed 1-22-16; 8:45 am] BILLING CODE 9110-04-P
![3976 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules
current geographic area restriction at the (iii) The applicant is better able than ACTION: Notice of proposed rulemaking.
request of the applicant for service, the any other applicant to provide official
adjacent official agency may provide services; and SUMMARY: The Coast Guard is amending
service at a particular location upon (iv) The applicant addresses concerns and updating its special local
approval by the Service. identified during consultations that the regulations relating to recurring marine
Service conducts with applicants for parades, regattas, and other events that
* * * * *
service to the satisfaction of the Service. take place in the Coast Guard Sector
■ 8. Revise paragraph (a) of § 800.175 to
Ohio Valley area of responsibility
read as follows: * * * * * (AOR). This document informs the
(h) Termination and renewal—(1) public of regularly scheduled events
§ 800.175 Termination of licenses.
Every 5 years—(i) Termination. A that require additional safety measures
(a) Term of license. Each license shall designation shall terminate at a time
terminate in accordance with the through establishing a special local
specified by the Administrator, but not regulation. Through this document the
termination date shown on the license later than 5 years after the effective date
and as specified in paragraph (b) of this current list of recurring special local
of the designation. A notice of regulations is updated with revisions,
section. The termination date for a termination shall be issued by the
license shall be no less than 5 years or additional events, and removal of events
Service to a designated agency at least that no longer take place in Sector Ohio
more than 6 years after the issuance date 120 calendar days in advance of the
for the initial license; thereafter, every 5 Valley’s AOR. When these special local
termination date. The notice shall regulations are enforced, certain
years. Upon request of a licensee and for provide instructions for requesting
good cause shown, the termination date restrictions are placed on marine traffic
renewal of the designation. Failure to in specified areas. Additionally, this one
may be advanced or delayed by the receive a notice from the Service shall
Administrator for a period not to exceed proposed rulemaking project reduces
not exempt a designated agency from administrative costs involved in
60 days. the responsibility of having its
* * * * * producing separate proposed rules for
designation renewed on or before the each individual recurring special local
■ 9. Amend § 800.195 by adding specified termination date.
paragraphs (f)(11) and (g)(4) to read as regulation and serves to provide notice
* * * * * of the known recurring special local
follows:
■ 11. Amend § 800.216 by revising regulations throughout the year.
§ 800.195 Delegations. paragraph (c) to read as follows: DATES: Comments and related material
* * * * * § 800.216 Activities that shall be must be received by the Coast Guard on
(f) * * * monitored. or before April 25, 2016.
(11) Notification to Secretary. A ADDRESSES: You may submit comments
delegated State shall notify the * * * * *
(c) Grain handling activities. Grain identified by docket number USCG–
Secretary of its intention to temporarily 2015–1039 using the Federal
discontinue official inspection and/or handling activities subject to monitoring
for compliance with the Act include, eRulemaking Portal at http://
weighing services for any reason, except www.regulations.gov. See the ‘‘Public
in the case of a major disaster. The but are not limited to:
(1) Shipping export grain without Participation and Request for
delegated State must provide written Comments’’ portion of the
notification to the Service no less than inspection or weighing;
(2) Violating any Federal law with SUPPLEMENTARY INFORMATION section for
72 hours in advance of the further instructions on submitting
discontinuation date. respect to the handling, weighing, or
inspection of grain; comments.
* * * * * (3) Deceptively loading, handling, FOR FURTHER INFORMATION CONTACT: If
(g) * * *
(4) Review. At least once every 5 weighing, or sampling grain; and you have questions on this proposed
years, a delegated State shall submit to (4) Exporting grain without a rule, call or email Petty Officer James
a review of its delegation by the Service certificate of registration. Robinson, Sector Ohio Valley, U.S.
in accordance with the criteria and * * * * * Coast Guard; telephone (502) 779–5347,
procedures for delegation prescribed in email James.C.Robinson@uscg.mil.
Larry Mitchell,
section 7(e) of the Act, this section of SUPPLEMENTARY INFORMATION:
Administrator, Grain Inspection, Packers and
the regulations, and the instructions. Stockyards. I. Table of Abbreviations
The Administrator may revoke the [FR Doc. 2016–01083 Filed 1–22–16; 8:45 am]
delegation of a State according to this CFR Code of Federal Regulations
BILLING CODE 3410–KD–P DHS Department of Homeland Security
subsection if the State fails to meet or E.O. Executive order
comply with any of the criteria for FR Federal Register
delegation set forth in the Act, NPRM Notice of proposed rulemaking
regulations, and instructions. DEPARTMENT OF HOMELAND
Pub. L. Public Law
SECURITY
* * * * * § Section
■ 10. Amend § 800.196 by revising U.S.C. United States Code
Coast Guard
paragraphs (e)(2)(ii) and (iii), adding II. Background, Purpose, and Legal
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
paragraph (e)(2)(iv), and revising 33 CFR Part 100 Basis
paragraph (h)(1)(i) to read as follows:
[Docket Number USCG–2015–1039] The Captain of the Port (COTP) Ohio
§ 800.196 Designations. Valley is proposing to establish, amend,
RIN 1625–AA08
* * * * * and update its current list of recurring
(e) * * * Special Local Regulations; Sector Ohio special local regulations.
(2) * * * Valley Annual and Recurring Special These special local regulations are
(ii) The applicant meets the Local Regulations Update proposed to be added, amended, and
conditions and criteria specified in the updated to the list of annually recurring
Act and regulations; AGENCY: Coast Guard, DHS. special local regulations under 33 CFR
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![3982 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules
* * * * * eRulemaking Portal: http:// and capabilities of these agencies have
Dated: January 5, 2016. www.regulations.gov. Follow the online been updated, and some NCP
R. V. Timme,
instructions for submitting comments. terminology used by these agencies has
Once submitted, comments cannot be been changed to be more consistent
Captain, U. S. Coast Guard, Captain of the
Port Ohio Valley.
edited or withdrawn. The EPA may with the National Response Framework
publish any comment received to its (NRF) and National Incident
[FR Doc. 2016–01375 Filed 1–22–16; 8:45 am]
public docket. Do not submit Management System (NIMS) issued by
BILLING CODE 9110–04–P
electronically any information you the Department of Homeland Security
consider to be Confidential Business (DHS). Information has been added in
Information (CBI) or other information notes to the regulation to explain that
ENVIRONMENTAL PROTECTION whose disclosure is restricted by statute. federal agencies follow the NRF and
AGENCY Multimedia submissions (audio, video, NIMS when appropriate.
etc.) must be accompanied by a written Additionally, this rulemaking
40 CFR Part 300 comment. The written comment is proposes a clarification to § 300.405(d)
[EPA–HQ–SFUND–2014–0050; FRL–9940– considered the official comment and that affects persons who notify the
20–OLEM] should include discussion of all points National Response Center (NRC) 1 of an
you wish to make. The EPA will incident, including representatives of
RIN 2050–AG78 generally not consider comments or industry and federal, state, tribal, and
comment contents located outside of the local governments. Paragraph (d) of
National Oil and Hazardous primary submission (i.e., on the web,
Substances Pollution Contingency § 300.405 currently states that the NRC
cloud, or other file sharing system). For will generally need information that
Plan Revisions To Align With the additional submission methods, the full
National Response Framework will help to characterize the release
EPA public comment policy, when people call to report an incident.
AGENCY: Environmental Protection information about CBI or multimedia Paragraph (d) of § 300.405 goes on to say
Agency (EPA). submissions, and general guidance on that this information ‘‘will include, but
ACTION: Proposed rule.
making effective comments, please visit is not limited to . . .’’ and provides a
http://www2.epa.gov/dockets/ list of examples of the types of
SUMMARY: The Environmental Protection commenting-epa-dockets. information the NRC will need. The
Agency (EPA) is proposing revisions to FOR FURTHER INFORMATION CONTACT: Jean current list of examples includes the
the National Oil and Hazardous Schumann, Office of Land and ‘‘possible source of the release.’’ These
Substances Pollution Contingency Plan. Emergency Management, Mail Code revisions would clarify paragraph (d) to
These proposed revisions align the 5104A, Environmental Protection state ‘‘possible source and cause of the
National Oil and Hazardous Substances Agency, 1200 Pennsylvania Ave. NW., release.’’ The NRC already collects
Pollution Contingency Plan with the Washington, DC 20460, (202) 564–1977, information regarding the cause of the
Department of Homeland Security’s schumann.jean@epa.gov. release, so this is not a new
National Response Framework and SUPPLEMENTARY INFORMATION: requirement. Adding ‘‘cause’’ to
National Incident Management System. paragraph (d) will better prepare people
The revisions also update the I. General Information
who notify the NRC that they will be
descriptions of federal agency A. Does this action apply to me? asked for this information. This change
organizational structures and The revisions primarily would affect is also addressed in section IV of this
capabilities and how they operate, and the federal departments and agencies preamble, under the discussion for
recognize the establishment of the that participate in responding to § 300.405.
Department of Homeland Security. incidents under the National Oil and Impacts on potentially affected
DATES: Comments must be received on Hazardous Substances Pollution entities, direct and indirect, are
or before March 25, 2016. Contingency Plan (NCP), which summarized in section V of this
ADDRESSES: Submit your comments, primarily consist of the departments preamble. A summary of potentially
identified by Docket ID No. EPA–HQ– and agencies on the NCP National affected entities is provided in the table
SFUND–2014–0050, to the Federal Response Team (NRT). The descriptions below.
Type of entity Affected entities
Industry ............................................................... Industries that report to the NRC.
State, Local or Tribal Governments ................... State, local, or tribal governments that report to the NRC.
Federal Government ........................................... Federal departments and agencies that report to the NRC, and federal departments and agen-
cies that are members of the National Response Team.
This table is not intended to be listed in the table could also be B. What is the agency’s authority for
exhaustive, but rather provides a guide regulated. If you have questions taking this action?
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
for readers regarding entities likely to be regarding the applicability of this action
The NCP is required by section 105 of
regulated by this action. This table lists to a particular entity, consult the person
the Comprehensive Environmental
the types of entities that EPA is now listed in the preceding FOR FURTHER
Response, Compensation, and Liability
aware could potentially be regulated by INFORMATION CONTACT section.
Act of 1980, 42 U.S.C. 9605, as amended
this action. Others types of entities not by the Superfund Amendments and
1 Reference is made in this preamble and in the confusion, the preamble and the NCP spell out the abbreviation ‘‘NRC’’ only with respect to the
NCP to both the Nuclear Regulatory Commission Nuclear Regulatory Commission and use the National Response Center.
and the National Response Center. In order to avoid
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Document Created: 2018-02-02 12:35:18
Document Modified: 2018-02-02 12:35:18
| 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 April 25, 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 3976 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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