82 FR 15666 - Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 60 (March 30, 2017)
Coast Guard
Federal Register Volume 82, Issue 60 (March 30, 2017)
| Page Range | 15666-15671 | |
| FR Document | 2017-06230 |
[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)] [Proposed Rules] [Pages 15666-15671] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06230] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0011] RIN 1625-AA00 Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to amend and update its list of recurring safety zone regulations that take place in the Coast Guard Sector Ohio Valley area. This informs the public of regularly scheduled events that require additional safety measures through establishing a safety zone. Through this the current list of recurring safety zones is proposed to be updated with revisions, additional events, and removal of events that no longer take place. When these safety zones are enforced, vessel traffic is restricted from the specified areas. Additionally, this proposed rulemaking project reduces administrative costs involved in producing separate proposed rules for each individual recurring safety zone and serves to provide notice of the known recurring safety zones throughout the year. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before May 1, 2017. ADDRESSES: You may submit comments identified by docket number USCG- 2017-0011 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: [[Page 15667]] I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Ohio Valley DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Captain of the Port Ohio Valley (COTP) proposes to amend 33 CFR 165.801 to update our regulations for annual fireworks displays and other events in the Eighth Coast Guard District requiring safety zones with respect to those in Sector Ohio Valley The current list of annual and recurring safety zones occurring in Sector Ohio Valley's is published under 33 CFR 165.801 in Table no. 1 for annual safety zones in the COTP Ohio Valley zone. The most recent list was created June 14, 2016 through the rulemaking 81 FR 38595. The Coast Guard proposed to amend and update the safety zone regulations under 33 CFR part 165 to include the most up to date list of recurring safety zones for events held on or around navigable waters within Sector Ohio Valley's AOR. These events include air shows, fireworks displays, and other marine related events requiring a limited access area restricting vessel traffic for safety purposes. The current list in 33 CFR 165.801 needs to be amended to provide new information on existing safety zones, and to include new safety zones expected to recur annually or biannually, and to remove safety zones that are no longer required. Issuing individual regulations for each new safety zone, amendment, or removal of an existing safety zone creates unnecessary administrative costs and burdens. This single proposed rulemaking will considerably reduce administrative overhead and provide the public with notice through publication in the Federal Register of the upcoming recurring safety zone regulations. The Coast Guard encourages the public to participate in this proposed rulemaking through the comment process so that any necessary changes can be identified and implemented in a timely and efficient manner. The Coast Guard will address all public 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. III. Discussion of the Proposed Rule Part 165 of 33 CFR contains regulations establishing limited access areas to restrict vessel traffic for the safety of persons and property. Section 165.801 establishes recurring safety zones to restrict vessel transit into and through specified areas to protect spectators, mariners, and other persons and property from potential hazards presented during certain events taking place in Sector Ohio Valley's AOR. This section requires amendment from time to time to properly reflect the recurring safety zone regulations in Sector Ohio Valley's AOR. This proposed rule amends and updates Sec. 165.801 by revising the current table for Sector Ohio Valley. Additionally, this proposed rule adds 5 new recurring safety zones and removes 1 safety zone as follows: Five added under the revised table for Sector Ohio Valley. ---------------------------------------------------------------------------------------------------------------- Date Event/sponsor Ohio Valley location Regulated area ---------------------------------------------------------------------------------------------------------------- 1 day--During the first two weeks City of Maysville Maysville, KY................ Ohio River, Mile 408- of July. Fireworks. 409 (Kentucky). 1 day--Saturday before Memorial Day Venture Outdoors/ Pittsburgh, PA............... Allegheny River, Mile Venture Outdoors 0.0-0.25; Festival. Monongahela River, Mile 0.0-0.25 (Pennsylvania). 1 day--Third Saturday in July...... Pittsburgh Irish Pittsburgh, PA............... Ohio River, Mile 7.0- Rowing Club/St. 9.0 (Pennsylvania). Brendan's Cup Currach Regatta. 1 day--July 4th.................... Wellsburg 4th of July Wellsburg, WV................ Ohio River, Mile 73.5- Committee/Wellsburg 74.5 (West 4th of July Freedom Virginia). Celebration. 1 day--During the first week of Newburgh Fireworks Newburgh, IN................. Ohio River, Mile July. Display. 777.3-778.3 (Indiana). ---------------------------------------------------------------------------------------------------------------- This proposed rule removes the following safety zone regulation from Sec. 165.801: ---------------------------------------------------------------------------------------------------------------- Date Event/sponsor Ohio Valley location Regulated area ---------------------------------------------------------------------------------------------------------------- 1 day--Last weekend in August...... Swiss Wine Festival/ Ghent, KY.................... Ohio River, Mile 537 Swiss Wine Festival (Kentucky). Fireworks Show. ---------------------------------------------------------------------------------------------------------------- The effect of this proposed rule would be to restrict general navigation in the safety zone during the events. Vessels intending to transit the designated waterway through the safety zone will only be allowed to transit the area when COTP, or a designated representative, has deemed it safe to do so or at the completion of the event. The proposed annually recurring safety zones are necessary to provide for the safety of life on navigable waters during the events. IV. Regulatory Analyses We developed this 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 Regulatory Costs'' (February 2, 2017). A regulatory analysis (RA) follows. 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 [[Page 15668]] and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. The Coast Guard expects the economic impact of this proposed rule to be minimal, therefore a full regulatory evaluation is unnecessary. This proposed rule establishes safety zones limiting access to certain areas under 33 CFR 165 within Sector Ohio Valley's AOR. The effect of this proposed rulemaking will not be significant because these safety zones are limited in scope and duration. Additionally, the public is given advance notification through local forms of notice, the Federal Register, and/or Notices of Enforcement and, thus, will be able to plan operations around the safety zones in advance Broadcast Notices to Mariners and Local Notices to Mariners will also inform the community of these safety zones. Vessel traffic may request permission from the COTP 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. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator. 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under E.O. 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132. Also, this rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule is categorically excluded under section 2.B.2, figure 2-1, paragraph 34(g) of the Instruction because it involves the establishment of safety zones. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the U.S. Coast Guard proposes to amend 33 CFR part 165 as follows: [[Page 15669]] 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. In Sec. 165.801, revise the first table to read as follows: Sec. 165.801 Annual Fireworks displays and other events in the Eighth Coast Guard District recurring safety zones. * * * * * Table 1 of Sec. 165.801--Sector Ohio Valley Annual and Recurring Safety Zones ---------------------------------------------------------------------------------------------------------------- Sector Ohio Valley Date Sponsor/name location Safety zone ---------------------------------------------------------------------------------------------------------------- 1. Multiple days--April through Pittsburgh Pirates/ Pittsburgh, PA......... Allegheny River, Mile November. Pittsburgh Pirates 0.2-0.9 Fireworks. (Pennsylvania). 2. Multiple days--April through Cincinnati Reds/ Cincinnati, OH......... Ohio River, Mile 470.1- November. Cincinnati Reds Season 470.4; extending 500 Fireworks. ft. from the State of Ohio shoreline (Ohio). 3. 2 days--Third Friday and Saturday Thunder Over Louisville/ Louisville, KY......... Ohio River, Mile 602.0- in April. Thunder Over 606.0 (Kentucky). Louisville. 4. Last Sunday in May................ Friends of Ironton..... Ironton, OH............ Ohio River, Mile 326.7- 327.7 (Ohio). 5. 1 day--A Saturday in July......... Paducah Parks and Paducah, KY............ Ohio River, Mile 934.0- Recreation Department/ 936.0 (Kentucky). Cross River Swim. 6. 1 day--First or second weekend in Bellaire All-American Bellaire, OH........... Ohio River, Mile 93.5- June. Days. 94.5 (Ohio). 7. 2 days--Second weekend of June.... Rice's Landing Rices Landing, PA...... Monongahela River, Mile Riverfest. 68.0-68.8 (Pennsylvania). 8. 1 day--First Sunday in June....... West Virginia Symphony Charleston, WV......... Kanawha River, Mile Orchestra/Symphony 59.5-60.5 (West Sunday. Virginia). 9. 1 day--Saturday before 4th of July Riverfest Inc./Saint St. Albans, WV......... Kanawha River, Mile Albans Riverfest. 46.3-47.3 (West Virginia). 10. 1 day--4th July.................. Greenup City........... Greenup, KY............ Ohio River, Mile 335.2- 336.2 (Kentucky). 11. 1 day--4th July.................. Middleport Community Middleport, OH......... Ohio River, Mile 251.5- Association. 252.5 (Ohio). 12. 1 day--4th July.................. People for the Point South Point, OH........ Ohio River, Mile 317- Party in the Park. 318 (Ohio). 13. 1 day--Last weekend in June or Riverview Park Louisville, KY......... Ohio River, Mile 618.5- first weekend in July. Independence Festival. 619.5 (Kentucky). 14. 1 day--Third or fourth week in Upper Ohio Valley Wheeling, WV........... Ohio River, Mile 90.0- July. Italian Heritage 90.5 (West Virginia). Festival/Upper Ohio Valley Italian Heritage Festival Fireworks. 15. 1 day--4th or 5th of July........ City of Cape Girardeau Cape Girardeau, MO..... Upper Mississippi July 4th Fireworks River, Mile 50.0-52.0. Show on the River. 16. 1 day--Third or fourth of July... Harrah's Casino/ Metropolis, IL......... Ohio River, Mile 942.0- Metropolis Fireworks. 945.0 (Illinois). 17. 1 day--During the first week of Louisville Bats Louisville, KY......... Ohio River, Mile 603.0- July. Baseball Club/ 604.0 (Kentucky). Louisville Bats Firework Show. 18. 1 day--July 4th.................. Waterfront Independence Louisville, KY......... Ohio River, Mile 603.0- Festival/Louisville 604.0 (Kentucky). Orchestra Waterfront 4th. 19. 1 day--During the first week of Celebration of the Owensboro, KY.......... Ohio River, Mile 755.0- July. American Spirit 759.0 (Kentucky). Fireworks/All American 4th of July. 20. 1 day--During the first week of Riverfront Independence New Albany, IN......... Ohio River, Mile 602.0- July. Festival Fireworks. 603.5 (Indiana). 21. 1 day--July 4th.................. Shoals Radio Group/ Florence, AL........... Tennessee River, Mile Spirit of Freedom 255.0-257.0 (Alabama). Fireworks. 22. 1 day--Saturday before July 4th.. Town of Cumberland City/ Cumberland City, TN.... Cumberland River, Mile Lighting up the 103.0-105.0 Cumberlands Fireworks. (Tennessee). 23. 1 day--July 4th.................. Knoxville office of Knoxville, TN.......... Tennessee River, Mile Special Events/ 647.0-648.0 Knoxville July 4th (Tennessee). Fireworks. 24. 1 day--July 4th.................. NCVC/Music City July Nashville, TN.......... Cumberland River, Mile 4th. 190.0-192.0 (Tennessee). 25. 1 day--Saturday before July 4th, Grand Harbor Marina/ Counce, TN............. Tennessee-Tombigbee or Saturday after July 4th. Grand Harbor Marina Waterway, Mile 450.0- July 4th Celebration. 450.5 (Tennessee). 26. 1 day--Second Saturday in July... City of Bellevue, KY/ Bellevue, KY........... Ohio River, Mile 468.2- Bellevue Beach Park 469.2 (Kentucky and Concert Fireworks. Ohio). 27. 1 day--Sunday before Labor Day... Cincinnati Bell, WEBN, Cincinnati, OH......... Ohio River, Mile 469.2- and Proctor and Gamble/ 470.5 (Kentucky and Riverfest. Ohio) and Licking River Mile 0.0-3.0 (Kentucky). 28. 1 day--July 4th.................. Summer Motions Inc./ Ashland, KY............ Ohio River, Mile 322.1- Summer Motion. 323.1 (Kentucky). 29. 1 day--Last weekend in June or City of Point Pleasant/ Point Pleasant, WV..... Ohio River, Mile 265.2- First weekend in July. Point Pleasant 266.2, Kanawha River Sternwheel Fireworks. Mile 0.0-0.5 (West Virginia). 30. 1 day--July 3rd or 4th........... City of Charleston/City Charleston, WV......... Kanawha River, Mile of Charleston 58.1-59.1 (West Independence Day Virginia). Celebration. 31. 1 day--July 4th.................. Civic Forum/Civic Forum Portsmouth, OH......... Ohio River, Mile 355.5- 4th of July 356.5 (Ohio). Celebration. 32. 1 day--Second Saturday in August. Guyasuta Days Festival/ Pittsburgh, PA......... Allegheny River, Mile Borough of Sharpsburg. 005.5-006.0 (Pennsylvania). 33. 1 day-- Second or third week of Pittsburgh Foundation/ Pittsburgh, PA......... Ohio River, Mile 0.0- August. Bob O'Connor Cookie 0.5 (Pennsylvania). Cruise. 34. 1 day--Second full week of August PA FOB Fireworks Pittsburgh, PA......... Allegheny River, Mile Display. 0.8-1.0 (Pennsylvania). 35. 1 day--Third week of August...... Beaver River Regatta Beaver, PA............. Ohio River, Mile 25.2- Fireworks. 25.8 (Pennsylvania). 36. 1 day--December 31............... Pittsburgh Cultural Pittsburgh, PA......... Allegheny River Mile, Trust/Highmark First 0.5-1.0 Night Pittsburgh. (Pennsylvania). 37. 1 day--Friday before Thanksgiving Pittsburgh Downtown Pittsburgh, PA......... Allegheny River, Mile Partnership/Light Up 0.0-1.0 Night. (Pennsylvania). 38. Multiple days--April through Pittsburgh Riverhounds/ Pittsburgh, PA......... Monongahela River, Mile November. Riverhounds Fireworks. 0.22-0.77 (Pennsylvania). [[Page 15670]] 39. 3 days--Second or third weekend Hadi Shrine/Evansville Evansville, IN......... Ohio River, Miles 791.0- in June. Freedom Festival Air 795.0 (Indiana). Show. 40. 1 day--Second or third Saturday Friends of the Chattanooga, TN........ Tennessee River, Mile in June, the last day of the Festival, Inc./ 463.5-464.5 Riverbend Festival. Riverbend Festival (Tennessee). Fireworks. 41. 2 days--Second Friday and City of Newport, KY/ Newport, KY............ Ohio River, Miles 469.6- Saturday in June. Italianfest. 470.0 (Kentucky and Ohio). 42. 1 day--Last Saturday in June..... City of Aurora/Aurora Aurora, IN............. Ohio River Mile, 496.7; Firecracker Festival. 1400 ft. radius from the Consolidated Grain Dock located along the State of Indiana shoreline at (Indiana and Kentucky). 43. 1 day--second weekend in June.... City of St. Albans/St. St. Albans, WV......... Kanawha River, Mile Albans Town Fair. 46.3-47.3 (West Virginia). 44. 1 day--Last week of June or first PUSH Beaver County/ Beaver, PA............. Ohio River, Mile 25.2- week of July. Beaver County Boom. 25.6 (Pennsylvania). 45. 1 day--4th of July (Rain date-- Monongahela Area Monongahela, PA........ Monongahela River, Mile July 5th). Chamber of Commerce/ 032.0-033.0 Monongahela 4th of (Pennsylvania). July Celebration. 46. 1 day--Saturday Third or Fourth Oakmont Yacht Club/ Oakmont, PA............ Allegheny River, Mile full week of July (Rain date-- Oakmont Yacht Club 12.0-12.5 following Sunday). Fireworks. (Pennsylvania). 47. 1 day--Week of July 4th.......... Three Rivers Regatta Pittsburgh, PA......... Ohio River, Mile 0.0- Fireworks/EQT 4th of 0.5, Allegheny River, July Celebration. Mile 0.0-0.5, and Monongahela River, Mile 0.0-0.5 (Pennsylvania). 48. 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). 49. 1 day--3rd or 4th of July........ City of Hickman, KY.... Hickman, KY............ Lower Mississippi River, Mile 921.0- 923.0 (Kentucky). 50. 1 day--During the first week of Evansville Freedom Evansville, IN......... Ohio River, Miles 791.0- July. Celebration/4th of 795.0 (Indiana). July Fireworks. 51. 1 day--One of the first two Madison Regatta, Inc./ Madison, IN............ Ohio River, Miles 555.0- weekends in July. Madison Regatta. 560.0 (Indiana). 52. 1 day--July 4th.................. Cities of Cincinnati, Newport, KY............ Ohio River, Miles 469.6- OH and Newport, KY/ 470.2 (Kentucky and July 4th Fireworks. Ohio). 53. 2 days--second weekend in July... Marietta Riverfront Marietta, OH........... Ohio River, Mile 171.6- Roar/Marietta 172.6 (Ohio). Riverfront Roar. 54. 1 day--1st weekend in July....... Gallia County Chamber Gallipolis, OH......... Ohio River, Mile 269.5- of Commerce/Gallipolis 270.5 (Ohio). River Recreation Festival. 55. 1 day--July 4th.................. Kindred Communications/ Huntington, WV......... Ohio River, Mile 307.8- Dawg Dazzle. 308.8 (West Virginia). 56. Multiple days-September through University of Pittsburgh, PA......... Ohio River mile 0.0- January. Pittsburgh Athletic 0.1, Monongahela River Department/University mile 0.0-0.1, of Pittsburgh Allegheny River mile Fireworks. 0.0-0.25 (Pennsylvania). 57. Sunday, Monday, or Thursday from Pittsburgh Steelers Pittsburgh, PA......... Allegheny River mile August through February. Fireworks. 0.0-0.25, Ohio River mile 0.0-0.1, Monongahela River mile 0.0-0.1. 58. 3 days--Third week in September.. Wheeling Heritage Port Wheeling, WV........... Ohio River, Mile 90.2- Sternwheel Festival 90.7 (West Virginia). Foundation/Wheeling Heritage Port Sternwheel Festival. 59. 1 day--Second Saturday in Ohio River Sternwheel Marietta, OH........... Ohio River, Mile 171.5- September. Festival Committee 172.5 (Ohio). fireworks. 60. 1 day--Second weekend of October. Leukemia and Lymphoma Nashville, TN.......... Cumberland River, Mile Society/Light the 190.0-192.0 Night Walk Fireworks. (Tennessee). 61. 1 day--Saturday during the first West Virginia Motor Car Charleston, WV......... Kanawha River, Mile 58- week of October. Festival. 59 (West Virginia). 62. 1 day--Friday before Thanksgiving Kittanning Light Up Kittanning, PA......... Allegheny River, Mile Night Firework Display. 44.5-45.5 (Pennsylvania). 63. 1 day--First week in October..... Leukemia & Lymphoma Pittsburgh, PA......... Ohio River, Mile 0.0- Society/Light the 0.4 (Pennsylvania). Night. 64. 1 day--Friday before Thanksgiving Duquesne Light/Santa Pittsburgh, PA......... Monongahela River, Mile Spectacular. 0.00-0.22, Allegheny River, Mile 0.00-0.25, and Ohio River, Mile 0.0-0.3 (Pennsylvania). 65. 1 day--During the first two weeks City of Maysville Maysville, KY.......... Ohio River, Mile 408- of July. Fireworks. 409 (Kentucky). 66. 1 day--Saturday before Memorial Venture Outdoors/ Pittsburgh, PA......... Allegheny River, Mile Day. Venture Outdoors 0.0-0.25; Monongahela Festival. River, Mile 0.0-0.25 (Pennsylvania). 67. 1 day--Third Saturday in July.... Pittsburgh Irish Rowing Pittsburgh, PA......... Ohio River, Mile 7.0- Club/St. Brendan's Cup 9.0 (Pennsylvania). Currach Regatta. 68. 1 day--July 4th.................. Wellsburg 4th of July Wellsburg, WV.......... Ohio River, Mile 73.5- Committee/Wellsburg 74.5 (West Virginia). 4th of July Freedom Celebration. 69. 1 day--During the first week of Newburgh Fireworks Newburgh, IN........... Ohio River, Mile 777.3- July. Display. 778.3 (Indiana). 70. 3 days--Third or Fourth weekend Henderson Tri-Fest/ Henderson, KY.......... Ohio River, Mile 803.5- in April. Henderson Breakfast 804.5 (Kentucky). Lions Club. ---------------------------------------------------------------------------------------------------------------- [[Page 15671]] Dated: March 23, 2017. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2017-06230 Filed 3-29-17; 8:45 am] BILLING CODE 9110-04-P
![15666 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules
expenditure, we do discuss the effects of without change to http:// Dated: March 13, 2017.
this rule elsewhere in this preamble. www.regulations.gov and will include M.B. Zamperini,
any personal information you have Captain, U.S. Coast Guard, Captain of the
F. Environment
provided. For more about privacy and Port Ohio Valley.
We have analyzed this proposed rule the docket, you may review a Privacy [FR Doc. 2017–06278 Filed 3–29–17; 8:45 am]
under Department of Homeland Act notice regarding the Federal Docket BILLING CODE 9110–04–P
Security Management Directive 023–01 Management System in the March 24,
and Commandant Instruction 2005, issue of the Federal Register (70
M16475.lD, which guide the Coast FR 15086). DEPARTMENT OF HOMELAND
Guard in complying with the National Documents mentioned in this NPRM SECURITY
Environmental Policy Act of 1969 (42 as being available in the docket, and all
U.S.C. 4321–4370f), and have made a public comments, will be in our online Coast Guard
preliminary determination that this docket at http://www.regulations.gov
action is one of a category of actions that and can be viewed by following that 33 CFR Part 165
do not individually or cumulatively Web site’s instructions. Additionally, if [Docket Number USCG–2017–0011]
have a significant effect on the human you go to the online docket and sign up
environment. This proposed rule for email alerts, you will be notified RIN 1625–AA00
involves a special local regulated area when comments are posted or a final
that would prohibit entry to rule is published. Safety Zones; Coast Guard Sector
unauthorized vessels. Normally such Ohio Valley Annual and Recurring
actions are categorically excluded from List of Subjects in 33 CFR Part 100 Safety Zones Update
further review under paragraph 34(h) of Marine safety, Navigation (water), AGENCY: Coast Guard, DHS.
Figure 2–1 of Commandant Instruction Reporting and recordkeeping
M16475.lD. A preliminary ACTION: Notice of proposed rulemaking.
requirements, and Waterways.
environmental analysis checklist and For the reasons discussed in the SUMMARY: The Coast Guard proposes to
Categorical Exclusion Determination are preamble, the Coast Guard proposes to amend and update its list of recurring
available in the docket where indicated amend 33 CFR part 100 as follows: safety zone regulations that take place in
under ADDRESSES. We seek any the Coast Guard Sector Ohio Valley
comments or information that may lead PART 100—SAFETY OF LIFE ON area. This informs the public of
to the discovery of a significant NAVIGABLE WATERWAYS regularly scheduled events that require
environmental impact from this additional safety measures through
proposed rule. ■ 1. The authority citation for part 100 establishing a safety zone. Through this
G. Protest Activities continues to read as follows: the current list of recurring safety zones
Authority: 33 U.S.C. 1233. is proposed to be updated with
The Coast Guard respects the First
Amendment rights of protesters. ■ 2. Add § 100.35T08–0012 to read as revisions, additional events, and
Protesters are asked to contact the follows: removal of events that no longer take
person listed in the FOR FURTHER place. When these safety zones are
INFORMATION CONTACT section to
§ 100.35T08–0012 Special Local enforced, vessel traffic is restricted from
Regulation; Cumberland River Mile 189.0 to the specified areas. Additionally, this
coordinate protest activities so that your Mile 193.0; Nashville, TN.
message can be received without proposed rulemaking project reduces
jeopardizing the safety or security of (a) Location. All waters of the administrative costs involved in
people, places, or vessels. Cumberland River beginning at mile producing separate proposed rules for
marker 189.0 and ending at mile marker each individual recurring safety zone
V. Public Participation and Request for 193.0 at Nashville, TN. and serves to provide notice of the
Comments (b) Enforcement periods. This section known recurring safety zones
We view public participation as will be enforced from 11 a.m. until 6 throughout the year. We invite your
essential to effective rulemaking, and p.m. on May 13, 4 a.m. until 6 p.m. on comments on this proposed rulemaking.
will consider all comments and material May 14, and 4 a.m. until 3 p.m. on May DATES: Comments and related material
received during the comment period. 15, 2017. The Captain of the Port Ohio must be received by the Coast Guard on
Your comment can help shape the Valley or a designated representative or before May 1, 2017.
outcome of this rulemaking. If you will inform the public through ADDRESSES: You may submit comments
submit a comment, please include the broadcast notice to mariners of the identified by docket number USCG–
docket number for this rulemaking, enforcement period for this special local 2017–0011 using the Federal
indicate the specific section of this regulation. eRulemaking Portal at http://
document to which each comment (c) Special Local Regulations. (1) In www.regulations.gov. See the ‘‘Public
applies, and provide a reason for each accordance with the general regulations Participation and Request for
suggestion or recommendation. in § 100.801 of this part, entry into this Comments’’ portion of the
We encourage you to submit area is prohibited unless authorized by SUPPLEMENTARY INFORMATION section for
comments through the Federal the Captain of the Port Ohio Valley or
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
further instructions on submitting
eRulemaking Portal at http:// a designated representative. comments.
www.regulations.gov. If your material (2) Persons or vessels requiring entry
cannot be submitted using http:// into or passage through the area must FOR FURTHER INFORMATION CONTACT: If
www.regulations.gov, contact the person request permission from the Captain of you have questions on this proposed
in the FOR FURTHER INFORMATION the Port Ohio Valley or a designated rule, call or email Petty Officer James
CONTACT section of this document for representative. U.S. Coast Guard Sector Robinson, Sector Ohio Valley, U.S.
alternate instructions. Ohio Valley may be contacted on VHF Coast Guard; telephone (502) 779–5347,
We accept anonymous comments. All Channel 13 or 16, or at 1–800–253– email James.C.Robinson@uscg.mil.
comments received will be posted 7465. SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules 15671
Dated: March 23, 2017. Regulations.gov. For either manner of C. Section 110(a)(2)(C)—Program for
M.B. Zamperini, submission, the EPA may publish any Enforcement of Control Measures and for
comment received to its public docket. Construction or Modification of
Captain, U.S. Coast Guard, Captain of the
Do not submit electronically any Stationary Sources.
Port Ohio Valley.
D. Section 110(a)(2)(D)—Interstate
[FR Doc. 2017–06230 Filed 3–29–17; 8:45 am] information you consider to be Transport.
BILLING CODE 9110–04–P Confidential Business Information (CBI) E. Section 110(a)(2)(E)—Adequate
or other information whose disclosure is Resources.
restricted by statute. Multimedia F. Section 110(a)(2)(F)—Stationary Source
ENVIRONMENTAL PROTECTION submissions (audio, video, etc.) must be Monitoring System.
AGENCY accompanied by a written comment. G. Section 110(a)(2)(G)—Emergency
The written comment is considered the Powers.
official comment and should include H. Section 110(a)(2)(H)—Future SIP
40 CFR Part 52
discussion of all points you wish to Revisions.
[EPA–R01–OAR–2014–0604; FRL–9958–73– make. The EPA will generally not I. Section 110(a)(2)(I)—Nonattainment Area
Region 1] Plan or Plan Revisions Under Part D.
consider comments or comment J. Section 110(a)(2)(J)—Consultation With
Air Plan Approval; VT; Infrastructure contents located outside of the primary Government Officials; Public
State Implementation Plan submission (i.e. on the web, cloud, or Notifications; Prevention of Significant
Requirements other file sharing system). For Deterioration; Visibility Protection.
additional submission methods, please K. Section 110(a)(2)(K)—Air Quality
AGENCY: Environmental Protection contact the person identified in the FOR Modeling/Data.
Agency. FURTHER INFORMATION CONTACT section. L. Section 110(a)(2)(L)—Permitting Fees.
For the full EPA public comment policy, M. Section 110(a)(2)(M)—Consultation/
ACTION: Proposed rule.
information about CBI or multimedia Participation by Affected Local Entities.
SUMMARY: The Environmental Protection submissions, and general guidance on N. Vermont Statute and Executive Order
Submitted for Incorporation Into the SIP
Agency (EPA) is proposing to approve making effective comments, please visit V. What action is EPA taking?
elements of State Implementation Plan https://www.epa.gov/dockets/ VI. Incorporation by Reference
(SIP) submissions from Vermont commenting-epa-dockets. VII. Statutory and Executive Order Reviews
regarding the infrastructure Publicly available docket materials
requirements of the Clean Air Act (CAA are available either electronically in I. What should I consider as I prepare
or Act) for the 1997 fine particle matter www.regulations.gov or at the U.S. my comments for EPA?
(PM2.5), 1997 ozone, 2006 PM2.5, 2008 Environmental Protection Agency, When submitting comments,
lead (Pb), 2008 ozone, 2010 nitrogen Region 1, Air Programs Branch, 5 Post remember to:
dioxide (NO2), and 2010 sulfur dioxide Office Square, Boston, Massachusetts. 1. Identify the rulemaking by docket
(SO2) National Ambient Air Quality This facility is open from 8:30 a.m. to number and other identifying
Standards (NAAQS). We also are 4:30 p.m., Monday through Friday, information (subject heading, Federal
proposing to approve two statutes and excluding Federal holidays. The Register date, and page number).
one Executive Order submitted by interested persons wanting to examine 2. Follow directions—EPA may ask
Vermont in support of its demonstration these documents should make an you to respond to specific questions or
that the infrastructure requirements of appointment with the office at least 24 organize comments by referencing a
the CAA have been met. In addition, we hours in advance. Code of Federal Regulations (CFR) part
are conditionally approving certain FOR FURTHER INFORMATION CONTACT: or section number.
elements of Vermont’s submittals Alison C. Simcox, Air Quality Planning 3. Explain why you agree or disagree;
relating to prevention of significant Unit, Air Programs Branch (Mail Code suggest alternatives and substitute
deterioration (PSD) requirements. Last, OEP05–02), U.S. Environmental language for your requested changes.
we are proposing to update the Protection Agency, Region 1, 5 Post 4. Describe any assumptions and
classification for two of Vermont’s air Office Square, Suite 100, Boston, provide any technical information and/
quality control regions for SO2 based on Massachusetts 02109–3912; (617) 918– or data that you used.
recent air quality monitoring data 1684; simcox.alison@epa.gov. 5. If you estimate potential costs or
collected by the state, which will grant SUPPLEMENTARY INFORMATION: burdens, explain how you arrived at
the state an exemption from the Throughout this document whenever your estimate in sufficient detail to
infrastructure SIP contingency plan ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean allow for it to be reproduced.
obligation for SO2. The infrastructure EPA. This supplementary information 6. Provide specific examples to
requirements are designed to ensure that section is arranged as follows: illustrate your concerns, and suggest
the structural components of each I. What should I consider as I prepare my alternatives.
state’s air quality management program comments for EPA? 7. Explain your views as clearly as
are adequate to meet the state’s II. What is the background of these SIP possible, avoiding the use of profanity
responsibilities under the CAA. submissions? or personal threats.
DATES: Comments must be received on A. What Vermont SIP submissions does 8. Make sure to submit your
this rulemaking address? comments by the comment period
or before May 1, 2017.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
B. Why did the state make these SIP
ADDRESSES: Submit your comments,
deadline identified.
submissions?
identified by Docket ID No. EPA–R01– C. What is the scope of this rulemaking? II. What is the background of these SIP
OAR–2014–0604, at III. What guidance is EPA using to evaluate submissions?
www.regulations.gov, or via email to these SIP submissions?
arnold.anne@epa.gov. For comments IV. What is the result of EPA’s review of A. What Vermont SIP submissions does
these SIP submissions? this rulemaking address?
submitted at Regulations.gov, follow the A. Section 110(a)(2)(A)—Emission Limits
online instructions for submitting and Other Control Measures. This rulemaking addresses
comments. Once submitted, comments B. Section 110(a)(2)(B)—Ambient Air submissions from the Vermont
cannot be edited or removed from Quality Monitoring/Data System. Department of Environmental
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Document Created: 2017-03-30 01:35:32
Document Modified: 2017-03-30 01:35:32
| 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 May 1, 2017. | |
| 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 | 82 FR 15666 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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