83 FR 21888 - Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 92 (May 11, 2018)
Coast Guard
Federal Register Volume 83, Issue 92 (May 11, 2018)
| Page Range | 21888-21893 | |
| FR Document | 2018-10088 |
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)] [Rules and Regulations] [Pages 21888-21893] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10088] [[Page 21888]] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0065] 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 for annual events that take place in the Coast Guard Sector Ohio Valley area. This action is necessary to update the current list of recurring safety zones with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley. This regulation restricts vessel traffic from the safety zones during the events unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative. DATES: This rule is effective May 11, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0065 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 Joshua Herriott, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779-5343, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector 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 Information and Regulatory History The Captain of the Port Sector Ohio Valley (COTP) is amending 33 CFR 165.801 to update the table of annual fireworks displays and other marine-related events in Coast Guard 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 April 3, 2018, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update (83 FR 14226). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to those recurring safety zones. During the comment period that ended on April 18, 2018, we received eight comments. 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. Delaying the effective date of this rule would be impracticable and contrary to the public interest because immediate action is necessary to respond to the potential safety hazards associated with these marine events. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. Based on the nature of these marine events, large numbers of participants and spectators, and event locations, the COTP has determined that the events listed in this rule could pose a risk to participants or waterways users if the normal vessel traffic were to interfere with the events. Possible hazards include risks of injury or death from near or actual contact among participant vessels and spectators or mariners traversing through the regulated area. This purpose of this rule is to ensure the safety of all waterway users, including event participants and spectators, during the scheduled events. IV. Discussion of Comments, Changes, and the Rule As noted above, we received eight comments on our NPRM published on April 3, 2018. Of the eight comments we received, one was unrelated to this rulemaking and another was a duplicate. Of the six substantive comments, one commenter was in favor of the rule, two were against the rule, and the other three expressed confusion as to the times, locations, effects, alternative routes, and the purpose of the safety zones. Of the two commenters not in favor of this rule, one stated disagreement with regulatory action generally and one stated that local authorities should oversee inland waterways. These comments are outside of the scope of this final rule. Two commenters expressed confusion over the events' times and locations. This rule contains two tables. The first table adds 23 new safety zones. The second table amends 31 existing safety zones. Each table contains dates and locations for each event. The Coast Guard will issue a notice of enforcement for each event, which will contain specific times of enforcement of each safety zone. In addition, the Captain of the Port or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the particular safety zone as well as any changes in the planned schedule. Another commenter expressed confusion over the safety zones' effects and alternative routes. The effects on environment, Indian tribes, and small entities are discussed in the preamble of the rule. In addition, the Coast Guard sought public input as to the same as well as the effects on the protest activities. As to the alternative routes, the rule, Sec. 165.801(d), allows persons and vessels desiring to enter into or passage through the zone to request permission to do so from the Captain of the Port or a designated representative. Finally, one other commenter expressed confusion as to the purpose of the rule and suggested that we include that it is to ensure the safety of event locations and event participants. The Coast Guard is vested with jurisdiction over the navigable waters of the United States and any land structures or shore areas immediately adjacent to such waters. It does not have the authority over land areas not immediately adjacent to the navigable waters on which the events will occur. As such, we cannot make the requested change. As to the protection of the event participants, the rule does state that the safety zones are necessary for the protection of the event participants. However, the sentence stating the purpose of the rule inadvertently omitted that its purpose is to also ensure the safety of the event participants. We have amended the sentence to reflect the purpose. There are no changes in the regulatory text of this rule from the proposed rule on the NPRM. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is [[Page 21889]] 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 as a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, and duration of the safety zones. These safety zones are limited in size and duration, and are usually positioned away from high vessel traffic areas. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zones, and the rule would allow vessels to seek permission to enter the zones. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no 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 Order13132. 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. Normally such actions are categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration 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. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 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 Table 1 to read as follows: Sec. 165.801 Annual fireworks displays and other events in the Eighth Coast Guard District recurring safety zones. * * * * * [[Page 21890]] 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 601.0- in April. Thunder Over 607.0 (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--One weekend 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/Riverfest Nitro, WV.............. Kanawha River, Mile Inc.. 43.1-44.2 (West Virginia). 10. 1 day--First week or weekend in Greenup City........... Greenup, KY............ Ohio River, Mile 335.2- July. 336.2 (Kentucky). 11.1 day-- First week or weekend in Middleport Community Middleport, OH......... Ohio River, Mile 251.5- July. Association. 252.5 (Ohio). 12. 1 day--First week or weekend in People for the Point South Point, OH........ Ohio River, Mile 317- July. Party in the Park. 318 (Ohio). 13. 1 day--Last weekend in June or Riverview Park Louisville, KY......... Ohio River, Mile 617.5- first weekend in July. Independence Festival. 620.5 (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 602.0- July. Baseball Club/ 605.0 (Kentucky). Louisville Bats Firework Show. 18. 1 day--During the first week of Waterfront Independence Louisville, KY......... Ohio River, Mile 602.0- July. Festival/Louisville 605.0 (Kentucky). Orchestra Waterfront 4th. 19. 1 day--During the first week of Celebration of the Owensboro, KY.......... Ohio River, Mile 754.0- July. American Spirit 760.0 (Kentucky). Fireworks/All American 4th of July. 20. 1 day--During the first week of Riverfront Independence New Albany, IN......... Ohio River, Mile 606.5- July. Festival Fireworks. 609.6 (Indiana). 21. 1 day--July 4th.................. Shoals Radio Group/ Florence, AL........... Tennessee River, Mile Spirit of Freedom 254.5-257.4 (Alabama). Fireworks. 22. 1 day--Saturday before July 4th.. Town of Cumberland City/ Cumberland City, TN.... Cumberland River, Mile Lighting up the 103.0-105.5 Cumberlands. (Tennessee). 23. 1 day--July 4th.................. City of Knoxville/ Knoxville, TN.......... Tennessee River, Mile Knoxville Festival on 646.3-648.7 the 4th. (Tennessee). 24. 1 day--July 4th.................. Nashville NCVC/ Nashville, TN.......... Cumberland River, Mile Independence 189.7-192.3 Celebration. (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 448.5- July 4th Celebration. 451.0 (Tennessee). 26. 1 day--One of the first two City of Bellevue, KY/ Bellevue, KY........... Ohio River, Mile 468.2- weekends in July. Bellevue Beach Park 469.2 (Kentucky and Concert Fireworks. Ohio). 27. 2 days--Sunday before Labor Day Cincinnati Bell, WEBN, Cincinnati, OH......... Ohio River, Mile 469.2- and Labor Day. 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--First week or weekend in City of Charleston/City Charleston, WV......... Kanawha River, Mile July. of Charleston 58.1-59.1 (West Independence Day Virginia). Celebration. 31. 1 day--First week or weekend in Portsmouth River Days.. Portsmouth, OH......... Ohio River, Mile 355.5- July. 356.5 (Ohio). [[Page 21891]] 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). 39. 3 days--One of the last three Hadi Shrine/Evansville Evansville, IN......... Ohio River, Miles 790.0- weekends in June. Freedom Festival Air 796.0 (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./ 462.7-465.2 Riverbend Festival. Riverbend Festival (Tennessee). Fireworks. 41. 2 days--Second Friday and City of Newport, KY/ Newport, KY............ Ohio River, Miles 468.6- Saturday in June. Italianfest. 471.0 (Kentucky and Ohio). 42. 1 day--Last weekend in June or City of Aurora/Aurora Aurora, IN............. Ohio River Mile, 496.7; first weekend in July. 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.......... EQT 4th of July Pittsburgh, PA......... Ohio River, Mile 0.0- Celebration. 0.5, Allegheny 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--Last weekend in June or Evansville Freedom Evansville, IN......... Ohio River, Miles 790.0- first week in July. Celebration/4th of 796.0 (Indiana). July Fireworks. 51. 1 day--One of the first two Madison Regatta, Inc./ Madison, IN............ Ohio River, Miles 554.0- weekends in July. Madison Regatta. 561.0 (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--One weekend in July...... Marietta Riverfront Marietta, OH........... Ohio River, Mile 171.6- Roar Fireworks. 172.6 (Ohio). 54. 1 day--First week or weekend in Gallia County Chamber Gallipolis, OH......... Ohio River, Mile 269.5- July. of Commerce/Gallipolis 270.5 (Ohio). River Recreation Festival. 55. 1 day--First week or weekend in Kindred Communications/ Huntington, WV......... Ohio River, Mile 307.8- July. 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--One weekend in September.. Ohio River Sternwheel Marietta, OH........... Ohio River, Mile 171.5- Festival Committee 172.5 (Ohio). fireworks. [[Page 21892]] 60. 1 day--Second weekend of October. Leukemia and Lymphoma Nashville, TN.......... Cumberland River, Mile Society/Light the 189.7-192.1 Night Walk Fireworks. (Tennessee). 61. 1 day--One weekend in October.... West Virginia Motor Car Charleston, WV......... Kanawha River, Mile 58- 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--Last week in June or first Newburgh Fireworks Newburgh, IN........... Ohio River, Mile 777.3- week of July. Display. 778.3 (Indiana). 70. 3 days--Third or Fourth weekend Henderson Tri-Fest/ Henderson, KY.......... Ohio River, Mile 802.5- in April. Henderson Breakfast 805.5 (Kentucky). Lions Club. 71. 1 day--Third week of November.... Gallipolis in Lights... Gallipolis, OH......... Ohio River, Mile 269.2- 270 (Ohio). 72. 1 day--One weekend in September.. Tribute to the River... Point Pleasant, WV..... Ohio River, Mile 264.6- 265.6 (West Virginia). 73. 1 day--Labor Day or first week of Labor Day Fireworks Marmet, WV............. Kanawha River, Mile September. Show. 67.5-68 (West Virginia). 74. 1 day--One weekend in August..... Ravenswood River Ravenswood, WV......... Ohio River, Mile 220- Festival. 221 (West Virginia). 75. 1 day--First weekend or week in Queen's Landing Greenup, KY............ Ohio River, Mile 339.3- July. Fireworks. 340.3 (West Virginia). 76. 1 day--First weekend in June..... Cumberland River Nashville, TN.......... Cumberland River, Mile Compact/Nashville 189.7-192.1 Splash Bash. (Tennessee). 77. 1 day--Second weekend in Nashville Symphony/ Nashville, TN.......... Cumberland River, Mile September. Concert Fireworks. 190.1-192.3 (Tennessee). 78. 1 day--Second or third weekend in Outdoor Chattanooga/ Chattanooga, TN........ Tennessee River, Mile October. Swim the Suck. 452.0-454.5 (Tennessee). 79. 1 day--Friday or Saturday after Friends of the Festival/ Chattanooga, TN........ Tennessee River, Mile Thanksgiving. Cheer at the Pier. 462.7-465.2 (Tennessee). 80. 1 day--July 3rd.................. Chattanooga Presents/ Chattanooga, TN........ Tennessee River, Mile Pops on the River. 462.7-465.2 (Tennessee). 81. 7 days--Scheduled home games..... University of Tennessee/ Knoxville, TN.......... Tennessee River, Mile UT Football Fireworks. 645.6-648.3 (Tennessee). 82. 1 day--July 3rd.................. Randy Boyd/Independence Knoxville, TN.......... Tennessee River, Mile Celebration Fireworks 625.0-628.0 Display. (Tennessee). 83. 1 day--Second weekend in City of Clarksville/ Clarksville, TN........ Cumberland River, Mile September. Clarksville Riverfest. 124.5-127.0 (Tennessee). 84. 1 day--Fourth weekend in October. Chattajack............. Chattanooga, TN........ Tennessee River, Mile 462.7-465.5 (Tennessee). 85. 1 day--First week in May......... Belterra Park Gaming Cincinnati, OH......... Ohio River, Mile 460.0- Fireworks. 462.0 (Ohio). 86. 1 day--First week of July........ Cincinnati Symphony Cincinnati, OH......... Ohio River, Mile 460.0- Orchestra. 462.0 (Ohio). 87. 1 day--First week in August...... Gliers Goetta Fest LLC. Newport, KY............ Ohio River, Mile 469.0- 471.0. 88. 1 day--last 2 weekends in August/ Wheeling Dragon Boat Wheeling, WV........... Ohio River mile 90.4- first week of September. Race. 91.5 (West Virginia). 89. 1 day--week of July 4th.......... Wheeling Symphony Wheeling, WV........... Ohio River mile 90-92 fireworks. (West Virginia). 90. 1 day--week of July 4th.......... Chester Fireworks...... Chester, WV............ Ohio River mile 42.0- 44.0 (West Virginia). 91. 1 day--First week of August...... Kittaning Folk Festival Kittanning, PA......... Allegheny River mile 44.0-46.0 (Pennsylvania). 92. 2 days--One weekend in August.... Powerboat Nationals- Parkersburg, WV........ Ohio River mile 183.5- Parkersburg Regatta/ 185.5 (West Virginia). Parkersburg Homecoming Festival. [[Page 21893]] 93. 1 day--One weekend in August..... Parkersburg Homecoming Parkersburg, WV........ Ohio River mile 183.5- Festival-Fireworks. 185.5 (West Virginia). ---------------------------------------------------------------------------------------------------------------- * * * * * Dated: May 7, 2018. M.B. Zamperini, Captain, U. S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2018-10088 Filed 5-10-18; 8:45 am] BILLING CODE 9110-04-P
![21888 Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations
DEPARTMENT OF HOMELAND limited access area restricting vessel table adds 23 new safety zones. The
SECURITY traffic for safety purposes. second table amends 31 existing safety
On April 3, 2018, the Coast Guard zones. Each table contains dates and
Coast Guard published a notice of proposed locations for each event. The Coast
rulemaking (NPRM) titled Safety Zones; Guard will issue a notice of enforcement
33 CFR Part 165 Coast Guard Sector Ohio Valley Annual for each event, which will contain
and Recurring Safety Zones Update (83 specific times of enforcement of each
[Docket Number USCG–2018–0065]
FR 14226). There we stated why we safety zone. In addition, the Captain of
RIN 1625–AA00 issued the NPRM, and invited the Port or a designated representative
comments on our proposed regulatory will inform the public through
Safety Zones; Coast Guard Sector action related to those recurring safety broadcast notices to mariners of the
Ohio Valley Annual and Recurring zones. During the comment period that enforcement period for the particular
Safety Zones Update ended on April 18, 2018, we received safety zone as well as any changes in the
AGENCY: Coast Guard, DHS. eight comments. planned schedule. Another commenter
Under 5 U.S.C. 553(d)(3), the Coast expressed confusion over the safety
ACTION: Final rule. Guard finds that good cause exists for zones’ effects and alternative routes.
SUMMARY: The Coast Guard is amending making it effective less than 30 days The effects on environment, Indian
and updating its safety zones after publication in the Federal tribes, and small entities are discussed
regulations for annual events that take Register. Delaying the effective date of in the preamble of the rule. In addition,
place in the Coast Guard Sector Ohio this rule would be impracticable and the Coast Guard sought public input as
Valley area. This action is necessary to contrary to the public interest because to the same as well as the effects on the
update the current list of recurring immediate action is necessary to protest activities. As to the alternative
safety zones with revisions, additional respond to the potential safety hazards routes, the rule, § 165.801(d), allows
events, and removal of events that no associated with these marine events. persons and vessels desiring to enter
longer take place in Sector Ohio Valley. into or passage through the zone to
III. Legal Authority and Need for Rule
This regulation restricts vessel traffic request permission to do so from the
The Coast Guard is issuing this rule Captain of the Port or a designated
from the safety zones during the events
under authority in 33 U.S.C. 1231. representative. Finally, one other
unless authorized by the Captain of the
Based on the nature of these marine commenter expressed confusion as to
Port Sector Ohio Valley or a designated
events, large numbers of participants the purpose of the rule and suggested
representative.
and spectators, and event locations, the that we include that it is to ensure the
DATES: This rule is effective May 11, COTP has determined that the events safety of event locations and event
2018. listed in this rule could pose a risk to participants. The Coast Guard is vested
ADDRESSES: To view documents participants or waterways users if the with jurisdiction over the navigable
mentioned in this preamble as being normal vessel traffic were to interfere waters of the United States and any land
available in the docket, go to http:// with the events. Possible hazards structures or shore areas immediately
www.regulations.gov, type USCG–2018– include risks of injury or death from adjacent to such waters. It does not have
0065 in the ‘‘SEARCH’’ box and click near or actual contact among participant the authority over land areas not
‘‘SEARCH.’’ Click on Open Docket vessels and spectators or mariners immediately adjacent to the navigable
Folder on the line associated with this traversing through the regulated area. waters on which the events will occur.
rule. This purpose of this rule is to ensure the As such, we cannot make the requested
FOR FURTHER INFORMATION CONTACT: If safety of all waterway users, including change. As to the protection of the event
you have questions on this rule, call or event participants and spectators, participants, the rule does state that the
email Petty Officer Joshua Herriott, during the scheduled events. safety zones are necessary for the
Sector Ohio Valley, U.S. Coast Guard; IV. Discussion of Comments, Changes, protection of the event participants.
telephone (502) 779–5343, email and the Rule However, the sentence stating the
Joshua.R.Herriott@uscg.mil. purpose of the rule inadvertently
As noted above, we received eight omitted that its purpose is to also ensure
SUPPLEMENTARY INFORMATION: comments on our NPRM published on the safety of the event participants. We
I. Table of Abbreviations April 3, 2018. Of the eight comments we have amended the sentence to reflect
received, one was unrelated to this the purpose.
CFR Code of Federal Regulations rulemaking and another was a
COTP Captain of the Port Sector Ohio There are no changes in the regulatory
Valley
duplicate. Of the six substantive text of this rule from the proposed rule
DHS Department of Homeland Security comments, one commenter was in favor on the NPRM.
FR Federal Register of the rule, two were against the rule,
NPRM Notice of proposed rulemaking and the other three expressed confusion V. Regulatory Analyses
§ Section as to the times, locations, effects, We developed this rule after
U.S.C. United States Code alternative routes, and the purpose of considering numerous statutes and
II. Background Information and the safety zones. Executive orders related to rulemaking.
Of the two commenters not in favor of Below we summarize our analyses
Regulatory History
this rule, one stated disagreement with based on a number of these statutes and
The Captain of the Port Sector Ohio regulatory action generally and one Executive orders, and we discuss First
sradovich on DSK3GMQ082PROD with RULES
Valley (COTP) is amending 33 CFR stated that local authorities should Amendment rights of protestors.
165.801 to update the table of annual oversee inland waterways. These
fireworks displays and other marine- comments are outside of the scope of A. Regulatory Planning and Review
related events in Coast Guard Sector this final rule. Executive Orders 12866 and 13563
Ohio Valley. These events include air Two commenters expressed confusion direct agencies to assess the costs and
shows, fireworks displays, and other over the events’ times and locations. benefits of available regulatory
marine related events requiring a This rule contains two tables. The first alternatives and, if regulation is
VerDate Sep<11>2014 22:27 May 10, 2018 Jkt 244001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\11MYR1.SGM 11MYR1](https://thefederalregister.org/doc/83_FR_21980/page/1.svg)
![Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations 21893
TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date Sponsor/name Sector Ohio Valley location Safety zone
93. 1 day—One weekend in Au- Parkersburg Homecoming Fes- Parkersburg, WV .......................... Ohio River mile 183.5–185.5
gust. tival-Fireworks. (West Virginia).
* * * * * Planning, Office of Community Care the ability to travel; or other factors, as
Dated: May 7, 2018. (10D1A1), Veterans Health determined by the Secretary. The
M.B. Zamperini, Administration, Department of Veterans interim final rule revised
Affairs, 810 Vermont Avenue NW, § 17.1510(b)(4)(ii) to include
Captain, U. S. Coast Guard, Captain of the
Port Sector Ohio Valley. Washington, DC 20420, (303) 372–4629. environmental factors such as roads that
(This is not a toll-free number.) are not accessible to the general public,
[FR Doc. 2018–10088 Filed 5–10–18; 8:45 am]
SUPPLEMENTARY INFORMATION: The traffic, or hazardous weather, or a
BILLING CODE 9110–04–P
Choice Act, Public Law 113–146, was medical condition that affects the ability
enacted on August 7, 2014. Further to travel. The interim final rule also
amendments to the Choice Act were added three ‘‘other factors’’ to
DEPARTMENT OF VETERANS § 17.1510(b)(4)(ii)(A) through (C): The
AFFAIRS made by Public Laws 113–175, 113–235,
114–19, 114–41, and 115–26. Under nature or simplicity of the hospital care
these authorities, VA established the or medical services the veteran requires;
38 CFR Part 17
Veterans Choice Program and published how frequently the veteran needs such
RIN 2900–AP60
regulations at 38 CFR 17.1500 through hospital care; or medical services, and
17.1540. This final rule revises VA the need for an attendant, which is
Expanded Access to Non-VA Care defined as a person who provides
Through the Veterans Choice Program regulations in accordance with the
amendments to the Choice Act made by required aid and/or physical assistance
AGENCY: Department of Veterans Affairs. Public Laws 114–19 and 114–41. Public to the veteran, for a veteran to travel to
ACTION: Final rule. Law 114–19, the Construction a VA medical facility for hospital care
Authorization and Choice Improvement or medical services. VA received one
SUMMARY: The Department of Veterans Act, amended the Choice Act to define positive comment in support of the
Affairs (VA) adopts as final, with no revisions to § 17.1510(b)(4)(ii), and we
additional criteria that VA may use to
change, an interim final rule revising its thank the commenter for this feedback.
determine that a veteran’s travel to a VA
medical regulations that implement VA did not receive any comments that
medical facility is an ‘‘unusual or
section 101 of the Veterans Access, suggested changes to the revisions to
excessive burden.’’ Public Law 114–41,
Choice, and Accountability Act of 2014, § 17.1510(b)(4)(ii), and therefore does
the Surface Transportation and Veterans
as amended, (hereafter referred to as not make further regulatory revisions.
Health Care Choice Improvement Act of Comments regarding changes in
‘‘the Choice Act’’), which requires VA to 2015, amended the Choice Act to
establish a program (hereafter referred to Public Law 114–41 related to veteran
expand eligibility for the Veterans eligibility, periods of follow up care,
as the ‘‘Veterans Choice Program’’ or the Choice Program to all veterans enrolled
‘‘Program’’) to furnish hospital care and wait times, distance requirements, and
in the VA health care system, to remove provider eligibility.
medical services through eligible non- the 60-day limit on an episode of care,
VA health care providers to eligible Section 4005(b) of Public Law 114–41
modify the wait-time and 40-mile amended section 101 of the Choice Act
veterans who either cannot be seen distance eligibility criteria, and expand
within the wait-time goals of the to remove the August 1, 2014,
provider eligibility based on criteria as enrollment date restriction, thereby
Veterans Health Administration (VHA) determined by VA. VA published an
or who qualify based on their place of making all veterans enrolled in the VA
interim final rule on December 1, 2015, health care system under § 17.36
residence or face an unusual or to implement these amendments to the
excessive burden in traveling to a VA potentially eligible for the Program if
Choice Act. 80 FR 74991. We received they meet its other eligibility criteria.
medical facility. Those revisions seven comments on the interim final
contained in the interim final rule, Section 17.1510 was therefore revised in
rule and respond to those comments in the interim final rule to codify this
which is now adopted as final, were the discussion below. We are adopting
required by amendments to the Choice expanded eligibility for the Program. VA
as final the interim final rule with no implemented this change ahead of the
Act made by the Construction revisions.
Authorization and Choice Improvement § 17.1510 revision, as this change was
Comments regarding changes in not subject to notice and comment
Act of 2014, and by the Surface Public Law 114–19 related to the because it had an immediate effective
Transportation and Veterans Health ‘‘unusual or excessive burden’’ date and VA did not need to interpret
Care Choice Improvement Act of 2015. standard. the language of the public law to give it
VA published an interim final rule on Section 3(a)(2) of Public Law 114–19 effect. VA also did not receive any
December 1, 2015, implementing those amended section 101(b)(2)(D)(ii)(II) of comments on this revision, and does not
regulatory revisions, and we received the Choice Act by defining additional make any further regulatory revisions.
seven public comments. This final rule criteria that could be the basis for Section 4005(a) of Public Law 114–41
responds to those public comments and
sradovich on DSK3GMQ082PROD with RULES
finding that a veteran faced an ‘‘unusual amended section 101(h) of the Choice
does not make any further regulatory or excessive burden’’ in traveling to Act by removing the 60-day limitation
revisions. receive care in a VA medical facility, on an ‘‘episode of care.’’ Sec. 4005(a),
DATES: Effective date: This rule is including environmental factors such as Public Law 114–41, 129 Stat. 443. The
effective on May 11, 2018. roads that are not accessible to the definition of ‘‘episode of care’’ in
FOR FURTHER INFORMATION CONTACT: general public, traffic, or hazardous § 17.1505 was therefore revised in the
Joseph Duran, Director, Policy and weather; a medical condition that affects interim final rule by removing the
VerDate Sep<11>2014 22:27 May 10, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\11MYR1.SGM 11MYR1](https://thefederalregister.org/doc/83_FR_21980/page/6.svg)
Document Created: 2018-11-02 09:50:00
Document Modified: 2018-11-02 09:50:00
| 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 May 11, 2018. | |
| Contact | If you have questions on this rule, call or email Petty Officer Joshua Herriott, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779-5343, email [email protected] | |
| FR Citation | 83 FR 21888 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR