82 FR 25965 - Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 107 (June 6, 2017)
Coast Guard
Federal Register Volume 82, Issue 107 (June 6, 2017)
| Page Range | 25965-25969 | |
| FR Document | 2017-11619 |
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)] [Rules and Regulations] [Pages 25965-25969] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11619] ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is amending and updating its safety zones 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 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 6, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2017-0011 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 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 II. Background Information and Regulatory History The Captain of the Port Ohio Valley (COTP) is establishing, amending, and updating 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. These events include air shows, fireworks displays, and other marine related events requiring a limited access area restricting vessel traffic for safety purposes. On March 30, 2017, the Coast Guard published a notice of proposed rulemaking (NPRM) entitled, ``Sector Ohio Valley Annual and Recurring Safety Zones Update'' (82 FR 15666). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to those recurring safety zones. The public comment period ended on May 1, 2017. During the comment period, we did not receive any comments. 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. It would be impracticable to provide a full 30-days notice because this rule must be effective June 03, 2017. 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 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 no comments on our NPRM published on March 30, 2017. There are no changes in the regulatory text of this rule from the proposed rule on the NPRM. This rule amends and updates part 165 or 33 CFR by revising the current table for Sector Ohio Valley, and by adding 5 new recurring safety zones and removing 1 safety zone as desired in the NPRM. Vessels intending to transit the designated waterway through the safety zone will only be allowed to transit the area when the COTP, or a designated representative, has deemed it safe to do so or at the completion of the event. 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 part 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. 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 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 [[Page 25966]] 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. 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 rule will 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 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. 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 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. A Record of Environmental Consideration (REC) is available in the docket where indicated under ADDRESSES. 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. 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 ---------------------------------------------------------------------------------------------------------------- Date Sponsor/name Sector Ohio Valley 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 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). [[Page 25967]] 5. 1 day--A Saturday in July...... Paducah Parks and Paducah, KY................... Ohio River, Mile Recreation 934.0-936.0 Department/Cross (Kentucky). River Swim. 6. 1 day--First or second weekend Bellaire All-American Bellaire, OH.................. Ohio River, Mile 93.5- in June. Days. 94.5 (Ohio). 7. 2 days--Second weekend of June. Rice's Landing Rices Landing, PA............. Monongahela River, Riverfest. Mile 68.0-68.8 (Pennsylvania). 8. 1 day--First Sunday in June.... West Virginia Charleston, WV................ Kanawha River, Mile Symphony Orchestra/ 59.5-60.5 (West Symphony Sunday. Virginia). 9. 1 day--Saturday before 4th of Riverfest Inc./Saint St. Albans, WV................ Kanawha River, Mile July. 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 Association. 251.5-252.5 (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 first weekend in July. Independence 618.5-619.5 Festival. (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 Festival/Upper Ohio Virginia). Valley Italian Heritage Festival Fireworks. 15. 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. 16. 1 day--Third or fourth of July Harrah's Casino/ Metropolis, IL................ Ohio River, Mile Metropolis Fireworks. 942.0-945.0 (Illinois). 17. 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. 18. 1 day--July 4th............... Waterfront Louisville, KY................ Ohio River, Mile Independence 603.0-604.0 Festival/Louisville (Kentucky). Orchestra Waterfront 4th. 19. 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. 20. 1 day--During the first week Riverfront New Albany, IN................ Ohio River, Mile of July. Independence 602.0-603.5 Festival Fireworks. (Indiana). 21. 1 day--July 4th............... Shoals Radio Group/ Florence, AL.................. Tennessee River, Mile Spirit of Freedom 255.0-257.0 Fireworks. (Alabama). 22. 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. 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, 4th. Mile 190.0-192.0 (Tennessee). 25. 1 day--Saturday before July Grand Harbor Marina/ Counce, TN.................... Tennessee-Tombigbee 4th, 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 Bellevue Beach Park 468.2-469.2 Concert Fireworks. (Kentucky and Ohio). 27. 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) and Licking River Mile 0.0-3.0 (Kentucky). 28. 1 day--July 4th............... Summer Motions Inc./ Ashland, KY................... Ohio River, Mile Summer Motion. 322.1-323.1 (Kentucky). 29. 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, Kanawha Pleasant Sternwheel River Mile 0.0-0.5 Fireworks. (West Virginia). 30. 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. 31. 1 day--July 4th............... Civic Forum/Civic Portsmouth, OH................ Ohio River, Mile Forum 4th of July 355.5-356.5 (Ohio). Celebration. 32. 1 day--Second Saturday in Guyasuta Days Pittsburgh, PA................ Allegheny River, Mile August. Festival/Borough of 005.5-006.0 Sharpsburg. (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 PA FOB Fireworks Pittsburgh, PA................ Allegheny River, Mile August. 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 Pittsburgh Downtown Pittsburgh, PA................ Allegheny River, Mile Thanksgiving. Partnership/Light Up 0.0-1.0 Night. (Pennsylvania). 38. Multiple days--April through Pittsburgh Pittsburgh, PA................ Monongahela River, November. Riverhounds/ Mile 0.22-0.77 Riverhounds (Pennsylvania). Fireworks. 39. 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). [[Page 25968]] 40. 1 day--Second or third Friends of the Chattanooga, TN............... Tennessee River, Mile Saturday in June, the last day of Festival, Inc./ 463.5-464.5 the Riverbend Festival. Riverbend Festival (Tennessee). Fireworks. 41. 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). 42. 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). 43. 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). 44. 1 day--Last week of June or PUSH Beaver County/ Beaver, PA.................... Ohio River, Mile 25.2- first week of July. Beaver County Boom. 25.6 (Pennsylvania). 45. 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. 46. 1 day--Saturday Third or Oakmont Yacht Club/ Oakmont, PA................... Allegheny River, Mile Fourth full week of July (Rain Oakmont Yacht Club 12.0-12.5 date--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 July Celebration. River, 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 Evansville Freedom Evansville, IN................ Ohio River, Miles of July. Celebration/4th of 791.0-795.0 July Fireworks. (Indiana). 51. 1 day--One of the first two Madison Regatta, Inc./ Madison, IN................... Ohio River, Miles weekends in July. Madison Regatta. 555.0-560.0 (Indiana). 52. 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). 53. 2 days--Second weekend in July Marietta Riverfront Marietta, OH.................. Ohio River, Mile Roar/Marietta 171.6-172.6 (Ohio). Riverfront Roar. 54. 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. 55. 1 day--July 4th............... Kindred Huntington, WV................ Ohio River, Mile Communications/Dawg 307.8-308.8 (West Dazzle. Virginia). 56. Multiple days--September University of Pittsburgh, PA................ Ohio River mile 0.0- through January. Pittsburgh Athletic 0.1, Monongahela Department/ River mile 0.0-0.1, University of Allegheny River mile Pittsburgh Fireworks. 0.0-0.25 (Pennsylvania). 57. Sunday, Monday, or Thursday Pittsburgh Steelers Pittsburgh, PA................ Allegheny River mile from 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 Wheeling Heritage Wheeling, WV.................. Ohio River, Mile 90.2- September. Port Sternwheel 90.7 (West Festival Foundation/ Virginia). Wheeling Heritage Port Sternwheel Festival. 59. 1 day--Second Saturday in Ohio River Sternwheel Marietta, OH.................. Ohio River, Mile September. Festival Committee 171.5-172.5 (Ohio). fireworks. 60. 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). 61. 1 day--Saturday during the West Virginia Motor Charleston, WV................ Kanawha River, Mile first week of October. Car Festival. 58-59 (West Virginia). 62. 1 day--Friday before Kittanning Light Up Kittanning, PA................ Allegheny River, Mile Thanksgiving. Night Firework 44.5-45.5 Display. (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 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). 65. 1 day--During the first two City of Maysville Maysville, KY................. Ohio River, Mile weeks of July. Fireworks. 408-409 (Kentucky). 66. 1 day--Saturday before Venture Outdoors/ Pittsburgh, PA................ Allegheny River, Mile Memorial Day. Venture Outdoors 0.0-0.25; Festival. Monongahela River, Mile 0.0-0.25 (Pennsylvania). 67. 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. [[Page 25969]] 68. 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. 69. 1 day--During the first week Newburgh Fireworks Newburgh, IN.................. Ohio River, Mile of July. Display. 777.3-778.3 (Indiana). 70. 3 days--Third or Fourth Henderson Tri-Fest/ Henderson, KY................. Ohio River, Mile weekend in April. Henderson Breakfast 803.5-804.5 Lions Club. (Kentucky). ---------------------------------------------------------------------------------------------------------------- Dated: May 25, 2017. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2017-11619 Filed 6-5-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations 25965
and updates via Marine Information II. Background Information and in the regulatory text of this rule from
Broadcasts. Regulatory History the proposed rule on the NPRM.
This rule amends and updates part
L. Mcclain, Jr., The Captain of the Port Ohio Valley
165 or 33 CFR by revising the current
Commander, U.S. Coast Guard, Captain of (COTP) is establishing, amending, and
table for Sector Ohio Valley, and by
the Port Marine Safety Unit Pittsburgh. updating 33 CFR 165.801 to update our
adding 5 new recurring safety zones and
[FR Doc. 2017–11620 Filed 6–5–17; 8:45 am] regulations for annual fireworks
removing 1 safety zone as desired in the
displays and other events in the Eighth
BILLING CODE 9110–04–P NPRM. Vessels intending to transit the
Coast Guard District requiring safety
designated waterway through the safety
zones with respect to those in Sector
zone will only be allowed to transit the
DEPARTMENT OF HOMELAND Ohio Valley. These events include air
area when the COTP, or a designated
SECURITY shows, fireworks displays, and other
representative, has deemed it safe to do
marine related events requiring a
so or at the completion of the event.
Coast Guard limited access area restricting vessel
traffic for safety purposes. V. Regulatory Analyses
33 CFR Part 165 On March 30, 2017, the Coast Guard We developed this rule after
published a notice of proposed considering numerous statutes and
[Docket Number USCG–2017–0011] rulemaking (NPRM) entitled, ‘‘Sector Executive orders related to rulemaking.
Ohio Valley Annual and Recurring Below we summarize our analyses
RIN 1625–AA00 Safety Zones Update’’ (82 FR 15666). based on a number of these statutes and
There we stated why we issued the Executive orders, and we discuss First
Safety Zones; Coast Guard Sector NPRM, and invited comments on our
Ohio Valley Annual and Recurring Amendment rights of protestors.
proposed regulatory action related to
Safety Zones Update those recurring safety zones. The public A. Regulatory Planning and Review
AGENCY: Coast Guard, DHS. comment period ended on May 1, 2017. Executive Orders 12866 and 13563
During the comment period, we did not direct agencies to assess the costs and
ACTION: Final rule.
receive any comments. benefits of available regulatory
SUMMARY: The Coast Guard is amending We are issuing this rule, and under 5 alternatives and, if regulation is
and updating its safety zones U.S.C. 553(d)(3), the Coast Guard finds necessary, to select regulatory
regulations that take place in the Coast that good cause exists for making it approaches that maximize net benefits.
Guard Sector Ohio Valley area. This effective less than 30 days after Executive Order 13563 emphasizes the
informs the public of regularly publication in the Federal Register. It importance of quantifying both costs
scheduled events that require additional would be impracticable to provide a full and benefits, of reducing costs, of
safety measures through the establishing 30-days notice because this rule must be harmonizing rules, and of promoting
of a safety zone. Through this effective June 03, 2017. flexibility. This rule has not been
rulemaking the current list of recurring III. Legal Authority and Need for Rule designated a ‘‘significant regulatory
safety zones is updated with revisions, action,’’ under Executive Order 12866.
additional events, and removal of events The Coast Guard’s authority for Accordingly, it has not been reviewed
that no longer take place in Sector Ohio establishing a safety zone is contained at by the Office of Management and
Valley’s AOR. When these safety zones 33 U.S.C. 1231. The Coast Guard is Budget.
are enforced, certain restrictions are amending and updating the safety zones The Coast Guard expects the
placed on marine traffic in specified under 33 CFR part 165 to include the economic impact of this rule to be
areas. most up to date list of recurring safety minimal, and therefore a full regulatory
zones for events held on or around evaluation is unnecessary. This rule
DATES: This rule is effective June 6, navigable waters within the Sector Ohio establishes safety zones limiting access
2017. Valley AOR. These events include to certain areas under 33 CFR part 165
ADDRESSES: To view documents fireworks displays, air shows, and within Sector Ohio Valley’s AOR. The
mentioned in this preamble as being others. The current list in 33 CFR effect of this rulemaking will not be
available in the docket, go to http:// 165.801 requires amending to provide significant because these safety zones
www.regulations.gov, type USCG–2017– new information on existing safety are limited in scope and duration.
0011 in the ‘‘SEARCH’’ box and click zones, include new safety zones Additionally, the public is given
‘‘SEARCH.’’ Click on Open Docket expected to recur annually or advance notification through local forms
Folder on the line associated with this biannually, and to remove safety zones of notice, the Federal Register, and/or
rule. that are no longer required. Issuing Notices of Enforcement and thus will be
FOR FURTHER INFORMATION CONTACT: If individual regulations for each new able to plan around the safety zones in
you have questions on this rule, call or safety zone, amendment, or removal of advance. Broadcast Notices to Mariners
email Petty Officer James Robinson, an existing safety zone creates and Local Notices to Mariners will also
Sector Ohio Valley, U.S. Coast Guard; unnecessary administrative costs and inform the community of these safety
telephone (502) 779–5347, email burdens. This rulemaking reduces zones. Vessel traffic may request
James.C.Robinson@uscg.mil. administrative overhead and provides permission from the COTP or a
the public with notice through designated representative to enter the
SUPPLEMENTARY INFORMATION:
publication in the Federal Register of restricted areas.
sradovich on DSK3GMQ082PROD with RULES
I. Table of Abbreviations the upcoming recurring safety zones.
B. Impact on Small Entities
CFR Code of Federal Regulations IV. Discussion of Comments, Changes,
DHS Department of Homeland Security
The Regulatory Flexibility Act of
and the Rule 1980, 5 U.S.C. 601–612, as amended,
FR Federal Register
NPRM Notice of proposed rulemaking As noted above, we received no requires Federal agencies to consider
§ Section comments on our NPRM published on the potential impact of regulations on
U.S.C. United States Code March 30, 2017. There are no changes small entities during rulemaking. The
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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Sector Ohio Valley
Date Sponsor/name Safety zone
location
68. 1 day—July 4th ............................... Wellsburg 4th of July Committee/ Wellsburg, WV ....... Ohio River, Mile 73.5–74.5 (West Vir-
Wellsburg 4th of July Freedom Cele- ginia).
bration.
69. 1 day—During the first week of July Newburgh Fireworks Display ............... Newburgh, IN ......... Ohio River, Mile 777.3–778.3 (Indi-
ana).
70. 3 days—Third or Fourth weekend in Henderson Tri-Fest/Henderson Break- Henderson, KY ...... Ohio River, Mile 803.5–804.5 (Ken-
April. fast Lions Club. tucky).
Dated: May 25, 2017. be added to 40 CFR 52.370 as paragraph revisions to the state plan for existing
M.B. Zamperini, (c)(55)(i)(B). This paragraph should have large and small municipal waste
Captain, U.S. Coast Guard, Captain of the been identified as (c)(55)(i)(C). combustors for the State of New
Port Ohio Valley. Therefore, the amendatory instruction is Hampshire. This action is being made in
[FR Doc. 2017–11619 Filed 6–5–17; 8:45 am] being corrected to reflect the correct accordance with sections 111 and 129 of
BILLING CODE 9110–04–P CFR reference. the Clean Air Act (CAA).
Correction DATES: This direct final rule is effective
August 7, 2017, unless EPA receives
In the direct final rule published in adverse comments by July 6, 2017. If
ENVIRONMENTAL PROTECTION the Federal Register on May 1, 2017, (82
AGENCY adverse comments are received, EPA
FR 20262), make the following will publish a timely withdrawal of the
40 CFR Part 52 correction: direct final rule in the Federal Register
§ 52.370 [Corrected] informing the public that the rule will
[EPA–R01–OAR–2016–0648; A–1–FRL–
9962–83-Region 1]
not take effect.
■ 1. On page 20266, first column, in
ADDRESSES: Submit your comments,
amendatory instruction 2 for § 52.370,
Air Plan Approval; CT; Approval of identified by Docket ID No. EPA–R01–
in the fourth line, the entry for
Single Source Orders; Correction OAR–2017–0202 at https://
paragraph ‘‘(c)(55)(i)(B)’’ is corrected to
www.regulations.gov, or via email to
AGENCY: Environmental Protection read ‘‘(c)(55)(i)(C).’’
bird.patrick@epa.gov. For comments
Agency (EPA). Dated: May 16, 2017. submitted at Regulations.gov, follow the
ACTION: Final rule; correction. Deborah A. Szaro, online instructions for submitting
Acting Regional Administrator, EPA New comments. Once submitted, comments
SUMMARY: The Environmental Protection England. cannot be edited or removed from
Agency (EPA) published a final rule in
[FR Doc. 2017–11571 Filed 6–5–17; 8:45 am] Regulations.gov. For either manner of
the Federal Register on May 1, 2017,
BILLING CODE 6560–50–P submission, the EPA may publish any
approving reasonably available control
comment received to its public docket.
technology (RACT) orders for two Do not submit electronically any
facilities in Connecticut, and also ENVIRONMENTAL PROTECTION information you consider to be
approving the state’s request to AGENCY Confidential Business Information (CBI)
withdraw seven previously approved or other information whose disclosure is
RACT orders from the Connecticut state 40 CFR Part 62 restricted by statute. Multimedia
implementation plan. An error in the submissions (audio, video, etc.) must be
[EPA–R01–OAR–2017–0202; FRL–9962–41–
amendatory instruction is identified and Region 1] accompanied by a written comment.
corrected in this action. The written comment is considered the
DATES: This rule is effective on June 30, Approval and Promulgation of State official comment and should include
2017. Plans (Negative Declarations) for discussion of all points you wish to
FOR FURTHER INFORMATION CONTACT: Bob Designated Facilities and Pollutants: make. The EPA will generally not
McConnell, Environmental Engineer, Connecticut, New Hampshire, Rhode consider comments or comment
Air Quality Planning Unit, Air Programs Island, and Vermont; Revisions to contents located outside of the primary
Branch (Mail Code OEP05–02), U.S. State Plan for Designated Facilities submission (i.e. on the web, cloud, or
Environmental Protection Agency, and Pollutants: New Hampshire other file sharing system). For
Region 1, 5 Post Office Square, Suite AGENCY: Environmental Protection additional submission methods, please
100, Boston, Massachusetts, 02109– Agency (EPA). contact the person identified in the FOR
3912; (617) 918–1046; FURTHER INFORMATION CONTACT section.
ACTION: Direct final rule.
mcconnell.robert@epa.gov. For the full EPA public comment policy,
SUPPLEMENTARY INFORMATION: EPA SUMMARY: The Environmental Protection information about CBI or multimedia
published a direct final rule on May 1, Agency (EPA) is approving: Negative submissions, and general guidance on
2017 (82 FR 20262) approving two declarations for commercial and making effective comments, please visit
sradovich on DSK3GMQ082PROD with RULES
Connecticut state orders, and also industrial solid waste incinerators for https://www2.epa.gov/dockets/
approving the state’s request to the State of Connecticut, the State of commenting-epa-dockets.
withdraw seven previously approved New Hampshire, the State of Rhode FOR FURTHER INFORMATION CONTACT:
orders from the Connecticut state Island, and the State of Vermont; Patrick Bird, Air Permits, Toxics, &
implementation plan. In this approval, negative declarations for hospital/ Indoor Programs Unit, Air Programs
EPA incorrectly identified in the medical/infectious waste incinerators Branch, Office of Ecosystem Protection,
amendatory instructions a paragraph to for the State of Rhode Island; and U.S. Environmental Protection Agency,
VerDate Sep<11>2014 18:18 Jun 05, 2017 Jkt 241001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\06JNR1.SGM 06JNR1](https://thefederalregister.org/doc/82_FR_26072/page/5.svg)
Document Created: 2017-06-06 06:21:52
Document Modified: 2017-06-06 06:21:52
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective June 6, 2017. | |
| Contact | If you have questions on this 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 25965 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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