82 FR 33803 - Safety Zone; Upper Ohio Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks, Wheeling, WV
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 139 (July 21, 2017)
Coast Guard
Federal Register Volume 82, Issue 139 (July 21, 2017)
| Page Range | 33803-33804 | |
| FR Document | 2017-15370 |
[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)] [Rules and Regulations] [Pages 33803-33804] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15370] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2017-0594] Safety Zone; Upper Ohio Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks, Wheeling, WV AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. ----------------------------------------------------------------------- SUMMARY: The Coast Guard will enforce a safety zone for the Upper Ohio Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks on the Ohio River mile 90.0 to 90.5. The safety zone is necessary to provide for the safety of life and to protect vessels from the hazards associated with the ``Upper Ohio Valley [[Page 33804]] Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks'' land-based fireworks display. During the enforcement period, entry into the safety zone is prohibited for all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a designated representative. DATES: The regulations in 33 CFR 165.801, Table 1, line 14, will be enforced from 9 p.m. through 10:30 p.m., on July 22, 2017. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected]. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone for the annual ``Upper Ohio Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks'' land based fireworks display, listed in the regulations in 33 CFR 165.801, Table 1, Sector Ohio Valley, line 14 from 9 p.m. through 10:30 p.m., on July 22, 2017. Our Sector Ohio Valley Annual and Recurring Safety Zones, Sec. 165.801, specifies the location of the regulated area for the Ohio River, Mile 90.0 to 90.5. Entry into the safety zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a designated representative. Persons or vessels desiring to enter into or passage through the safety zone must request permission from the COTP or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. This notice of enforcement is issued under authority of 33 CFR 165.801 and 5 U.S.C. 552(a). In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide advance notification of this enforcement period via Local Notice to Mariners and updates via Marine Information Broadcasts. Dated: June 28, 2017. F. Smith, Lieutenant Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit Pittsburgh, Acting. [FR Doc. 2017-15370 Filed 7-20-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations 33803
operated and are not dominant in their principles and preemption requirements PART 117—DRAWBRIDGE
fields, and governmental jurisdictions described in Executive Order 13132. OPERATION REGULATIONS
with populations of less than 50,000. Also, this rule does not have tribal
The Coast Guard did not receive any implications under Executive Order ■ 1. The authority citation for part 117
comments from the Small Business 13175, Consultation and Coordination continues to read as follows:
Administration on this rule. The Coast with Indian Tribal Governments, Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Guard certifies under 5 U.S.C. 605(b) because it does not have a substantial Department of Homeland Security Delegation
that this rule will not have a significant direct effect on one or more Indian No. 0170.1.
economic impact on a substantial tribes, on the relationship between the
■ 2. Revise § 117.669 to read as follows:
number of small entities. While some Federal Government and Indian tribes,
owners or operators of vessels intending or on the distribution of power and § 117.669 St. Louis River (Duluth-Superior
to transit the bridge may be small responsibilities between the Federal Harbor).
entities, for the reasons stated in section Government and Indian tribes. (a) The draw of the Burlington
IV.A above this final rule would not E. Unfunded Mandates Reform Act Northern Grassy Point railroad Bridge,
have a significant economic impact on mile 5.44, shall open on signal except
any vessel owner or operator because The Unfunded Mandates Reform Act that, from December 15 through March
the bridge will open with advance of 1995 (2 U.S.C. 1531–1538) requires 15 the draw shall open if at least 12-
notice. Federal agencies to assess the effects of hour notice is given.
Under section 213(a) of the Small their discretionary regulatory actions. In (b) The draw of the Canadian National
Business Regulatory Enforcement particular, the Act addresses actions Combined Railroad and Highway
Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a Bridge, mile 13.91, need not be opened
we want to assist small entities in State, local, or tribal government, in the for the passage of vessels. The owner
understanding this rule. If the rule aggregate, or by the private sector of shall return the draw to operable
would affect your small business, $100,000,000 (adjusted for inflation) or condition within a reasonable time
organization, or governmental more in any one year. Though this rule when notified by the District
jurisdiction and you have questions will not result in such an expenditure, Commander to do so.
concerning its provisions or options for we do discuss the effects of this rule
elsewhere in this preamble. ■ 3. Revise § 117.1083 to read as
compliance, please contact the person follows:
listed in the FOR FURTHER INFORMATION F. Environment
CONTACT, above. § 117.1083 Duluth-Superior Harbor (St.
We have analyzed this rule under
Small businesses may send comments Louis River).
Department of Homeland Security
on the actions of Federal employees Management Directive 023–01 and See § 117.669 St. Louis River (Duluth-
who enforce, or otherwise determine Commandant Instruction M16475.lD, Superior Harbor), listed under
compliance with, Federal regulations to which guides the Coast Guard in Minnesota.
the Small Business and Agriculture complying with the National Dated: June 15, 2017.
Regulatory Enforcement Ombudsman Environmental Policy Act of 1969 N.A. Bartolotta,
and the Regional Small Business (NEPA)(42 U.S.C. 4321–4370f), and Captain, U.S. Coast Guard, Commander,
Regulatory Fairness Boards. The have made a determination that this Ninth Coast Guard District, Acting.
Ombudsman evaluates these actions action is one of a category of actions [FR Doc. 2017–15371 Filed 7–20–17; 8:45 am]
annually and rates each agency’s which do not individually or BILLING CODE 9110–04–P
responsiveness to small business. If you cumulatively have a significant effect on
wish to comment on actions by the human environment. This rule
employees of the Coast Guard, call 1– simply promulgates the operating DEPARTMENT OF HOMELAND
888–REG–FAIR (1–888–734–3247). The regulations or procedures for SECURITY
Coast Guard will not retaliate against drawbridges. This action is categorically
small entities that question or complain excluded from further review, under Coast Guard
about this rule or any policy or action figure 2–1, paragraph (32)(e), of the
of the Coast Guard. Instruction. A preliminary Record of 33 CFR Part 165
C. Collection of Information Environmental Consideration and a [Docket No. USCG–2017–0594]
Memorandum for the Record are not
This rule calls for no new collection required for this rule. Safety Zone; Upper Ohio Valley Italian
of information under the Paperwork
G. Protest Activities Heritage Festival/Upper Ohio Valley
Reduction Act of 1995 (44 U.S.C. 3501–
Italian Heritage Festival Fireworks,
3520). The Coast Guard respects the First Wheeling, WV
D. Federalism and Indian Tribal Amendment rights of protesters.
Government Protesters are asked to contact the AGENCY: Coast Guard, DHS.
person listed in the FOR FURTHER ACTION: Notice of enforcement of
A rule has implications for federalism INFORMATION CONTACT section to regulation.
under Executive Order 13132, coordinate protest activities so that your
Federalism, if it has a substantial direct message can be received without SUMMARY: The Coast Guard will enforce
effect on the States, on the relationship jeopardizing the safety or security of a safety zone for the Upper Ohio Valley
sradovich on DSK3GMQ082PROD with RULES
between the national government and people, places or vessels. Italian Heritage Festival/Upper Ohio
the States, or on the distribution of Valley Italian Heritage Festival
power and responsibilities among the List of Subjects in 33 CFR Part 117 Fireworks on the Ohio River mile 90.0
various levels of government. We have Bridges. to 90.5. The safety zone is necessary to
analyzed this rule under that Order and For the reasons discussed in the provide for the safety of life and to
have determined that it is consistent preamble, the Coast Guard amends 33 protect vessels from the hazards
with the fundamental federalism CFR part 117 as follows: associated with the ‘‘Upper Ohio Valley
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![33804 Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations
Italian Heritage Festival/Upper Ohio DEPARTMENT OF COMMERCE objectives of the January 14, 2017 final
Valley Italian Heritage Festival rule. They advance the goals of
Fireworks’’ land-based fireworks United States Patent and Trademark efficiency of inter partes proceedings by
display. During the enforcement period, Office streamlining discovery and pretrial
entry into the safety zone is prohibited procedure, particularly by signaling that
for all vessels not registered with the 37 CFR Part 2 the trial phase of the proceedings
sponsor as participants or official patrol [Docket No. PTO–T–2017–0025] commences with the deadline for the
vessels, unless specifically authorized first pretrial disclosure, by which
RIN 0651–AD22 juncture all discovery disputes will
by the Captain of the Port Marine Safety
Unit Pittsburgh (COTP) or a designated have been resolved or at least brought to
Miscellaneous Changes to Trademark the attention of the Board and all
representative. Trial and Appeal Board Rules of parties.
DATES: The regulations in 33 CFR Practice; Clarification
Discussion of Rule Changes
165.801, Table 1, line 14, will be AGENCY: United States Patent and
enforced from 9 p.m. through 10:30 Trademark Office, Commerce. Discovery
p.m., on July 22, 2017. ACTION: Final rule. The USPTO is amending the third
FOR FURTHER INFORMATION CONTACT: If sentence of § 2.120(f)(1) to indicate that
SUMMARY: The United States Patent and
you have questions about this notice of a motion to compel discovery must be
Trademark Office (‘‘USPTO’’) published
enforcement, call or email MST1 filed before the day of the deadline for
in the Federal Register on October 7,
Jennifer Haggins, Marine Safety Unit pretrial disclosures for the first
2016 a final rule, which became
Pittsburgh, U.S. Coast Guard; telephone testimony period as originally set or as
effective on January 14, 2017, revising
412–221–0807, email reset.
the Rules of Practice before the
Jennifer.L.Haggins@uscg.mil. The USPTO is amending the first
Trademark Trial and Appeal Board.
sentence of § 2.120(i)(1) to indicate that
SUPPLEMENTARY INFORMATION: The Coast This document clarifies certain
a motion to determine and test the
provisions of the rules of practice
Guard will enforce the safety zone for sufficiency of an answer or objection to
regarding the deadlines for filing
the annual ‘‘Upper Ohio Valley Italian a request for admission must be filed
motions to compel discovery, motions
Heritage Festival/Upper Ohio Valley before the day of the deadline for
to test the sufficiency of responses or
Italian Heritage Festival Fireworks’’ pretrial disclosures for the first
objections to requests for admission,
land based fireworks display, listed in testimony period as originally set or as
and motions for summary judgment.
the regulations in 33 CFR 165.801, Table reset.
The clarification promotes clarity and
1, Sector Ohio Valley, line 14 from 9 reflects ongoing and current practice, in Motions
p.m. through 10:30 p.m., on July 22, keeping with the goals of efficiency and
2017. Our Sector Ohio Valley Annual The USPTO is amending the second
predictability in the procedure and sentence of § 2.127(e)(1) to indicate that
and Recurring Safety Zones, § 165.801, process of trial cases. a motion for summary judgment must be
specifies the location of the regulated DATES: This rule is effective on July 21, filed before the day of the deadline for
area for the Ohio River, Mile 90.0 to 2017. pretrial disclosures for the first
90.5. Entry into the safety zone is FOR FURTHER INFORMATION CONTACT: testimony period as originally set or as
prohibited unless authorized by the Cheryl Butler, Trademark Trial and reset.
Captain of the Port Marine Safety Unit Appeal Board, by email at
Pittsburgh (COTP) or a designated TTABFRNotices@uspto.gov, or by Rulemaking Considerations
representative. Persons or vessels telephone at (571) 272–4259. Administrative Procedure Act: The
desiring to enter into or passage through SUPPLEMENTARY INFORMATION: The changes in this rulemaking involve rules
the safety zone must request permission USPTO issues this final rule to clarify of agency practice and procedure and/
from the COTP or a designated the latest time in an inter partes or interpretive rules. See Nat’l Org. of
representative. If permission is granted, proceeding that certain motions may be Veterans’ Advocates v. Sec’y of Veterans
all persons and vessels shall comply filed. The USPTO’s October 7, 2016 Affairs, 260 F.3d 1365, 1375 (Fed. Cir.
with the instructions of the COTP or final rule revising the Trademark Trial 2001) (Rule that clarifies interpretation
designated representative. and Appeal Board Rules of Practice (81 of a statute is interpretive.); Bachow
This notice of enforcement is issued FR 69950) (published under RIN 0651– Communications Inc. v. FCC, 237 F.3d
AC35), effective January 14, 2017, 683, 690 (D.C. Cir. 2001) (Rules
under authority of 33 CFR 165.801 and
required that any motion to compel governing an application process are
5 U.S.C. 552(a). In addition to this
discovery, § 2.120(f)(1), motion to test procedural under the Administrative
notice of enforcement in the Federal
the sufficiency of responses or Procedure Act.); Inova Alexandria Hosp.
Register, the Coast Guard will provide v. Shalala, 244 F.3d 342, 350 (4th Cir.
objections to requests for admission,
advance notification of this enforcement 2001) (Rules for handling appeals were
§ 2.120(i)(1), or motion for summary
period via Local Notice to Mariners and judgment, § 2.127(e)(1), be filed prior to procedural where they did not change
updates via Marine Information the deadline for pretrial disclosures for the substantive standard for reviewing
Broadcasts. the first testimony period as set or as claims.).
Dated: June 28, 2017. reset. The USPTO now amends the rules Accordingly, prior notice and
sradovich on DSK3GMQ082PROD with RULES
F. Smith, of practice to make clear that such opportunity for public comment for the
motions must be filed before the day of rule changes are not required pursuant
Lieutenant Commander, U.S. Coast Guard,
Captain of the Port Marine Safety Unit the deadline for pretrial disclosures for to 5 U.S.C. 553(b) or (c), or any other
Pittsburgh, Acting. the first testimony period as originally law. See Perez v. Mortgage Bankers
[FR Doc. 2017–15370 Filed 7–20–17; 8:45 am]
set or as reset. Ass’n, 135 S. Ct. 1199, 1206 (2015)
The amendments promote clarity in (Notice-and-comment procedures are
BILLING CODE 9110–04–P
the regulations and further the required neither when an agency
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Document Created: 2017-07-21 06:00:39
Document Modified: 2017-07-21 06:00:39
| 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 | Notice of enforcement of regulation. | |
| Dates | The regulations in 33 CFR 165.801, Table 1, line 14, will be enforced from 9 p.m. through 10:30 p.m., on July 22, 2017. | |
| Contact | If you have questions about this notice of enforcement, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected] | |
| FR Citation | 82 FR 33803 |
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