83 FR 22194 - Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 93 (May 14, 2018)
Coast Guard
Federal Register Volume 83, Issue 93 (May 14, 2018)
| Page Range | 22194-22199 | |
| FR Document | 2018-10087 |
[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)] [Rules and Regulations] [Pages 22194-22199] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10087] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2018-0064] RIN 1625-AA08 Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard amends its special local regulations for recurring marine parades, regattas, and other events in the Coast Guard Sector Ohio Valley area of responsibility. This rule adds 17 new recurring special local regulations, removes 9 special local regulations, and amends the name of an events/sponsors, dates, and/or locations of regulated areas for 48 recurring special local regulations already listed in the current table. This action in necessary to protect spectators, participants, and vessels from the hazards associated with annual marine [[Page 22195]] events. This regulation restricts vessel traffic from the designated areas during the events unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative. DATES: This rule is effective May 14, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0064 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) amends 33 CFR 100.801 to update the table of annual recurring special local regulations in Coast Guard Sector Ohio Valley. These events include air shows, regattas, 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 Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update (83 FR 14219). During the comment period that ended on April 18, 2018, we received two 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. 1233. Based on the nature of these marine events, large numbers of participants and spectators, and event locations, the COTP has determined that the potential hazards associated with 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, spectators, and vessels during these scheduled events. IV. Discussion of Comments, Changes, and the Rule As noted above, we received two comments on our NPRM published April 3, 2018. Both comments were unrelated to the subject matter of this rulemaking. There is one technical amendment that changes the table heading in regulatory text of this rule from the proposed rule on the NPRM. This rule amends the special local regulations for annual events in Coast Guard Sector Ohio Valley area of responsibility as listed in Table 1 of 33 CFR 165.801 by adding 17 new recurring special local regulations, removing 9 special local regulations no longer recurring, and amending t names of events/sponsors, dates, and/or the locations of regulated areas for 48 recurring special local regulations already listed in the current table. Although this regulation would be in effect year-round, the specific special local regulations listed in Table 1 of 33 CFR 100.801 would only be enforced during the specified period of time of annual events listed. In accordance with the regulations listed in 33 CFR 100.801(a)-(j), entry into these regulated areas is prohibited unless authorized by the COTP or a designated representative. 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 13771 directs agencies to control regulatory costs through a budgeting process. 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, and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, and duration of the special local regulations. These areas are limited in size and duration, and usually do not affect high vessel traffic areas. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the regulated areas, and the rule allows vessels to seek permission to enter the 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 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 V.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 [[Page 22196]] 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. Normally such actions are categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated in the ADDRESSES section of this preamble. 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 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, and Waterways. For the reasons discussed in the preamble, the U.S. Coast Guard amends 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERWAYS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233; 33 CFR 1.05-1. 0 2. In Sec. 100.801, revise Table 1 to read as follows: Sec. 100.801 Annual Marine Events in the Eighth Coast Guard District. Table 1 to Sec. 100.801--Sector Ohio Valley Annual and Recurring Marine Events ---------------------------------------------------------------------------------------------------------------- Date Event/sponsor Ohio Valley location Regulated area ---------------------------------------------------------------------------------------------------------------- 1. 1 day--During the last week Kentucky Derby Louisville, KY............................ Ohio River, Mile of April or first week of May. Festival/Belle 595.0-605.3 of Louisville (Kentucky). Operating Board/ Great Steamboat Race. 2. 1 day--Third weekend in May World Triathlon Chattanooga, TN........................... Tennessee River, Corporation/ Mile 462.7-467.5 IRONMAN 70.3. (Tennessee). 3. 1 day--Third or fourth Greater Morgantown, WV............................ Monongahela weekend in June. Morgantown River, Mile Convention and 101.0-102.0 Visitors Bureau/ (West Virginia). Mountaineer Triathlon. 4. 2 days--First weekend of Thunder on the Pisgah Bay, KY............................ Tennessee River, June. Bay/KDBA. Mile 30.0 (Kentucky). 5. 1 day--One of the first two Green Umbrella/ Cincinnati, OH............................ Ohio River, Mile weekends in August. Ohio River 458.5-476.4 Paddlefest. (Ohio and Kentucky). 6. 1 day--Fourth or fifth Green Umbrella/ Cincinnati, OH............................ Ohio River, Mile Sunday in September. Great Ohio River 468.8-471.2 Swim. (Ohio and Kentucky). 7. 1 day--One of the last two Ohio River Open Prospect, KY.............................. Ohio River, Mile weekends in September. Water Swim. 587.0-591.0 (Kentucky). 8. 2 days--One of the first Louisville Dragon Louisville, KY............................ Ohio River, Mile three weekends in September. Boat Festival. 602.0-604.5 (Kentucky). 9. 1 day--Third or fourth Tucson Racing/ Cincinnati, OH............................ Ohio River, Mile Sunday of July. Cincinnati 468.3-471.2 Triathlon. (Ohio). 10. 2 days--One of the first Thunder on the Pisgah Bay, KY............................ Tennessee River, two weekends in July. Bay/KDBA. Mile 30.0 (Kentucky). 11. 1 day--Second weekend in Bradley Dean/ Florence, AL.............................. Tennessee River, July. Renaissance Man Mile 254.0-258.0 Triathlon. (Alabama). 12. 3 days--The last weekend Madison Regatta, Madison, IN............................... Ohio River, Mile in June or one of the first Inc./Madison 554.0-561.0 two weekends in July. Regatta. (Indiana). [[Page 22197]] 13. 1 day--One weekend in June Louisville Race Louisville, KY............................ Ohio River, Mile the Bridge 600.5-604.0 Triathlon. (Kentucky). 14. 1 day--Fourth weekend in Team Magic/ Chattanooga, TN........................... Tennessee River, June. Chattanooga Mile 462.7-466.0 Waterfront (Tennessee). Triathlon. 15. 1 day--Fourth weekend in Team Magic/Music Nashville, TN............................. Cumberland River, July. City Triathlon. Mile 189.7-192.3 (Tennessee). 16. 2 days--Last two weeks in Friends of the Pittsburgh, PA............................ Allegheny River, July or first three weeks of Riverfront Inc./ Mile 0.0-1.5 August. Pittsburgh (Pennsylvania). Triathlon and Adventure Races. 17. 3 days--First week of EQT Pittsburgh Pittsburgh, PA............................ Ohio River, Mile August. Three Rivers 0.0-0.5, Regatta. Allegheny River, Mile 0.0-0.6, and Monongahela River, Mile 0.0- 0.5 (Pennsylvania). 18. 2 days--First weekend of Thunder on the Pisgah Bay, KY............................ Tennessee River, August. Bay/KDBA. Mile 30.0 (Kentucky). 19. 2 days--One of the last Captain Quarters Louisville, KY............................ Ohio River, Mile three weekends in September Regatta. 594.0-598.0 or the first weekend in (Kentucky). October. 20. 2 days--One of the first Norton Healthcare/ Louisville, KY............................ Ohio River, Mile three weekends in October. Ironman 600.5-605.5 Triathlon. (Kentucky). 21. 2 days--Third full weekend Ohio County Rising Sun, IN............................ Ohio River, Mile (Saturday and Sunday) in Tourism/Rising 504.0-508.0 August. Sun Boat Races. (Indiana and Kentucky). 22. 1 day--Last weekend in Tennessee Clean Knoxville, TN............................. Tennessee River, August. Water Network/ Mile 646.3-648.7 Downtown Dragon (Tennessee). Boat Races. 23. 3 days--One weekend in Pro Water Cross Charleston, WV............................ Kanawha River, August. Championships. Mile 56.7-57.6 (West Virginia). 24. 2 days--One weekend in Huntington Huntington, WV............................ Ohio River, Mile July. Classic Regatta. 307.3-309.3 (West Virginia). 25. 2 days--Labor Day weekend. Wheeling Vintage Wheeling, WV.............................. Ohio River, Mile Race Boat 90.4-91.5 (West Association Ohio/ Virginia). Wheeling Vintage Regatta. 26. 2 days--weekend before SUP3Rivers The Pittsburgh, PA............................ Monongahela Labor Day. Southside River, Mile 0.0- Outside. 3.09, Allegheny River Mile 0.0- 0.25 (Pennsylvania). 27. 1 day--One of the first Cumberland River Nashville, TN............................. Cumberland River, three weekends in September. Compact/ Mile 189.7-192.1 Cumberland River (Tennessee). Dragon Boat Festival. 28. 2 days--One of the first State Dock/ Jamestown, KY............................. Lake Cumberland three weekends in September. Cumberland Poker (Kentucky). Run. 29. 3 days--One of the first Sailing for a Louisville, KY............................ Ohio River, Mile three weekends in September. Cure Foundation/ 600.0-605.0 SFAC Fleur de (Kentucky). Lis Regatta. 30. 1 day--Last weekend in World Triathlon Chattanooga, TN........................... Tennessee River, September. Corporation/ Mile 462.7-467.5 IRONMAN (Tennessee). Chattanooga. 31. 1 day--Second weekend in City of Clarksville, TN........................... Cumberland River, September. Clarksville/ Mile 125.0-126.0 Clarksville (Tennessee). Riverfest Cardboard Boat Regatta. 32. 2 days--First weekend of Three Rivers Pittsburgh, PA............................ Allegheny River, October. Rowing Mile 0.0-4.0 Association/Head (Pennsylvania). of the Ohio Regatta. 33. 1 day--First or second Lookout Rowing Chattanooga, TN........................... Tennessee River, weekend in October. Club/Chattanooga Mile 463.0-468.0 Head Race. (Tennessee). 34. 3 days--First weekend in Atlanta Rowing Chattanooga, TN........................... Tennessee River, November. Club/Head of the Mile 463.0-468.0 Hooch Rowing (Tennessee). Regatta. 35. One Saturday in June or Paducah Summer Paducah, KY............................... Ohio River, Mile July. Festival/Cross 934-936 River Swim. (Kentucky). 36. 1 day--During the last Louisville Metro Louisville, KY............................ Ohio River, Mile weekend in May or on Memorial Government/ 601.0-604.5 Day. Mayor's Healthy (Kentucky). Hometown Subway Fresh Fit, Hike, Bike and Paddle. 37. 3 days--One of the last Hadi Shrine/ Evansville, IN............................ Ohio River, Mile three weekends in June. Evansville 790.0-796.0 Shriners (Indiana). Festival/Freedom Festival. 38. 1 day--During the first Evansville Evansville, IN............................ Ohio River, Mile week of July. Freedom 790.0-797.0 Celebration/4th (Indiana). of July Freedom Celebration. 39. 1 day--First weekend in Louisville Metro Louisville, KY............................ Ohio River, Mile September or on Labor Day. Government/ 601.0-610.0 Mayor's Healthy (Kentucky). Hometown Subway Fresh Fit, Hike, Bike and Paddle. [[Page 22198]] 40. 2 days--One of the last Dare to Care/KFC Louisville, KY............................ Ohio River, Mile three weekends in July. Mayor's Cup 600.0-605.0 Paddle Sports (Kentucky). Races/Voyageur Canoe World Championships. 41. 3 days-- One of the last Kentucky Drag Livermore, KY............................. Green River, Mile two weekends in August. Boat Association/ 69.0-72.5 Thunder on the (Kentucky). Green. 42. 1 day--Fourth weekend in Team Rocket Tri- Huntsville, AL............................ Tennessee River, August. Club/Rocketman Mile 332.2-335.5 Triathlon. (Alabama). 43. 3 days--One of the last Hadi Shrine/ Owensboro, KY............................. Ohio River, Mile three weekends in September Owensboro Air 754.0-760.0 or first weekend in October. Show. (Kentucky). 44. 1 day--Last weekend in HealthyHuntington Huntington, WV............................ Ohio River, Mile July or first weekend in .org/St. Marys 307.3-308.3 August. Tri-state (West Virginia). Triathlon. 45. 2 days--Sunday before Cincinnati Bell, Cincinnati, OH............................ Ohio River, Mile Labor Day and Labor Day. WEBN, and 463.0-477.0 Proctor and (Kentucky and Gamble/Riverfest. Ohio) and Licking River Mile 0.0-3.0 (Kentucky). 46. 1 day--One Sunday in Ohio River Marietta, OH.............................. Ohio River, Mile September. Sternwheel 170.5-172.5 Festival (Ohio). Committee Sternwheel race reenactment. 47. 1 day--One Saturday in Parkersburg Parkersburg, WV........................... Ohio River, Mile September or One weekend in Paddle Fest. 184.3-188 (West September. Virginia). 48. 3 days--Last weekend of New Martinsville New Martinsville, WV...................... Ohio River, Mile September and/or first Records and 128-129 (West weekend in October. Regatta Virginia). Challenge Committee. 49. First weekend in July..... Eddyville Creek Eddyville, KY............................. Cumberland River, Marina/Thunder Mile 46.0-47.0 Over Eddy Bay. (Kentucky). 50. First or second weekend of Prizer Point Cadiz, KY................................. Cumberland River, July. Marina/4th of Mile 54.0-55.09 July Celebration. (Kentucky). 51. 2 days--Last weekend in Visit Knoxville/ Knoxville, TN............................. Tennessee River, May or first weekend in June. Racing on the Mile 647.0-648.0 Tennessee. (Tennessee). 52. 1 day--First or second Riverbluff Ashland City, TN.......................... Cumberland River, weekend in August. Triathlon. Mile 157.0-159.0 (Tennessee). 53. 2 days--One weekend in POWERBOAT Ravenswood, WV............................ Ohio River, Mile August. NATIONALS--Raven 220.5-221.5 swood Regatta. (West Virginia). 54. 3 days--One of the last Lawrenceburg Lawrenceburg, IN.......................... Ohio River, Mile three weekends in June. Regatta/Whiskey 491.0-497.0 City Regatta. (Indiana). 55. 2 days--One of the last Madison Vintage Madison, IN............................... Ohio River, Mile three weekends in September. Thunder. 556.5-559.5 (Indiana). 56. 1 day--Third weekend in Vanderbilt Rowing/ Nashville, TN............................. Cumberland River, March. Vanderbilt Mile 188.0-192.7 Invite. (Tennessee). 57. 3 days--First or Second Vanderbilt Rowing/ Nashville, TN............................. Cumberland River, weekend in October. Music City Head Mile 189.5-196.0 Race. (Tennessee). 58. 3 days--Third weekend in TM Thunder LLC/ Nashville, TN............................. Cumberland River, June. Thunder on the Mile 189.6-192.3 Cumberland. (Tennessee). 59. 3 days--Second weekend in Vanderbilt Rowing/ Nashville, TN............................. Cumberland River, May. ACRA Henley. Mile 188.0-194.0 (Tennessee). 60. 2 days--Third weekend in Kittanning Kittanning, PA............................ Allegheny River, August. Riverbration Mile 44.0-45.5 Boat Races. (Pennsylvania). 61. 2 days--Third Friday and Thunder Over Louisville, KY............................ Ohio River, Mile Saturday in April. Louisville. 597.0-604.0 (Kentucky). 62. 3 days--The last weekend Evansville Evansville, IN............................ Ohio River, Mile in August or one of the first HydroFest. 790.5-794.0. two weekends in September. 63. 2 days--One weekend in Marietta Marietta, OH.............................. Ohio River, Mile July. Riverfront Roar 171.6-172.6 Regatta. (Ohio). 64. 1 day--One weekend in Charleston Charleston, WV............................ Kanawha River, November or December. Lighted Boat Mile 54.3-60.3 Parade. (West Virginia). 65. 1 day--One weekend in YMCA River Swim.. Charleston, WV............................ Kanawha River, August. Mile 58.3-60.3 (West Virginia). 66. 1 day--One weekend in Lindamood Cup.... Marietta, OH.............................. Muskingum River, April. Mile 0.5-1.5 (Ohio). 67. 2 days--One weekend in New Martinsville New Martinsville,WV....................... Ohio River Mile June. Vintage Regatta. 127.5-128.5 (West Virginia). 68. 3 days--One weekend in Grand Prix of Louisville, KY............................ Ohio River, Mile August. Louisville. 601.0-605.0 (Kentucky). [[Page 22199]] 69. 2 days--Fourth weekend in Oak Ridge Rowing Oak Ridge, TN............................. Clinch River, March. Association/ Mile 48.5-52.0 Atomic City Turn (Tennessee). and Burn. 70. 3 days--Second or third Oak Ridge Rowing Oak Ridge, TN............................. Clinch River, weekend in March. Association/ Mile 48.5-52.0 Cardinal (Tennessee). Invitational. 71. 3 days--Third weekend in Oak Ridge Rowing Oak Ridge, TN............................. Clinch River, April. Association/SIRA Mile 48.5-52.0 Regatta. (Tennessee). 72. 3 days--Fifth weekend in Oak Ridge Rowing Oak Ridge, TN............................. Clinch River, April. Association/ Mile 48.5-52.0 Dogwood Junior (Tennessee). Regatta. 73. 3 days--Second weekend in Oak Ridge Rowing Oak Ridge, TN............................. Clinch River, May. Association/Big Mile 48.5-52.0 12 Championships. (Tennessee). 74. 3 days--Third weekend in Oak Ridge Rowing Oak Ridge, TN............................. Clinch River, May. Association/ Mile 48.5-52.0 Dogwood Masters. (Tennessee). 75. 1 day--First weekend in Visit Knoxville/ Knoxville, TN............................. Tennessee River, June. Knoxville Mile 646.4-649.0 Powerboat (Tennessee). Classic. 76. 1 day--First Sunday in Above the Fold Ashland City, TN.......................... Cumberland River, August. Events/ Mile 157.0-159.5 Riverbluff (Tennessee). Triathlon. 77. 3 days--First weekend in Outdoor Chattanooga, TN........................... Tennessee River, June. Chattanooga/ Mile 454.0-468.0 Chattanooga Swim (Tennessee). Festival. 78. 1 day--Fourth or fifth Knoxville Open Knoxville, TN............................. Tennessee River, weekend in September. Water Swimmers/ Mile 641.0-648.0 Bridges to (Tennessee). Bluffs. 79. 1 day--Third Sunday in Team Rocket Tri Huntsville, AL............................ Tennessee River, September. Club/Swim Hobbs Mile 332.3-338.0 Island. (Alabama). ---------------------------------------------------------------------------------------------------------------- * * * * * Dated: May 7, 2018. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2018-10087 Filed 5-11-18; 8:45 am] BILLING CODE 9110-04-P
![22194 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations
information that you do not wish to be Analysis, and Risk-Based Preventive II. Paperwork Reduction Act of 1995
made publicly available, submit your Controls for Food for Animals: Jeanette This guidance refers to previously
comments only as a written/paper Murphy, Center for Veterinary Medicine approved collections of information
submission. You should submit two (HFV–200), Food and Drug found in FDA regulations. These
copies total. One copy will include the Administration, 7519 Standish Pl., collections of information are subject to
information you claim to be confidential Rockville, MD 20855, 240–402–6246. review by the Office of Management and
with a heading or cover note that states For questions relating to Foreign Budget (OMB) under the Paperwork
‘‘THIS DOCUMENT CONTAINS Supplier Verification Programs for Reduction Act of 1995 (44 U.S.C. 3501–
CONFIDENTIAL INFORMATION.’’ The
Importers of Food for Humans and 3520). The collections of information in
Agency will review this copy, including
Animals: Rebecca Buckner, Office of 21 CFR part 117 have been approved
the claimed confidential information, in
Foods and Veterinary Medicine, Food under OMB control number 0910–0751.
its consideration of comments. The
and Drug Administration, 10903 New The collections of information in 21
second copy, which will have the
Hampshire Ave., Silver Spring, MD CFR part 507 have been approved under
claimed confidential information
20993–0002, 301–796–4576. OMB control number 0910–0789. The
redacted/blacked out, will be available
For questions relating to Standards collections of information in 21 CFR
for public viewing and posted on
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Staff. If you do not wish your name and Consumption: Samir Assar, Center for The collections of information in 21
contact information to be made publicly Food Safety and Applied Nutrition CFR part 112 have been approved under
available, you can provide this (HFS–317), Food and Drug OMB control number 0910–0816.
information on the cover sheet and not Administration, 5001 Campus Dr., III. Electronic Access
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Persons with access to the internet
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SUPPLEMENTARY INFORMATION: may obtain the SECG at either https://
‘‘confidential.’’ Any information marked
www.fda.gov/FoodGuidances or https://
as ‘‘confidential’’ will not be disclosed I. Background
except in accordance with 21 CFR 10.20 www.regulations.gov. Use the FDA
and other applicable disclosure law. For In the Federal Register of August 24, website listed in the previous sentence
more information about FDA’s posting 2016 (81 FR 57784), we issued a final to find the most current version of the
of comments to public dockets, see 80 rule entitled ‘‘The Food and Drug guidance.
FR 56469, September 18, 2015, or access Administration Food Safety Dated: May 8, 2018.
the information at: https://www.gpo.gov/ Modernization Act; Extension and Leslie Kux,
fdsys/pkg/FR-2015-09-18/pdf/2015- Clarification for Certain Provisions of Associate Commissioner for Policy.
23389.pdf. Four Implementing Rules’’ (the final [FR Doc. 2018–10148 Filed 5–11–18; 8:45 am]
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read background documents or the address concerns about the practicality
electronic and written/paper comments of compliance with certain provisions,
received, go to https:// consider changes to the regulatory text,
www.regulations.gov and insert the and better align compliance dates across DEPARTMENT OF HOMELAND
docket number, found in brackets in the the rules. The final rule became SECURITY
heading of this document, into the effective August 24, 2016. Coast Guard
‘‘Search’’ box and follow the prompts We examined the economic
and/or go to the Dockets Management implications of the final rule as required 33 CFR Part 100
Staff, 5630 Fishers Lane, Rm. 1061, by the Regulatory Flexibility Act (5
Rockville, MD 20852. [Docket Number USCG–2018–0064]
U.S.C. 601–612) and determined that
You may submit comments on any
the final rule will not have a significant RIN 1625–AA08
guidance at any time (see 21 CFR
economic impact on a substantial
10.115(g)(5)). Special Local Regulations; Sector Ohio
Submit written requests for single number of small entities. In compliance
with section 212 of the Small Business Valley Annual and Recurring Special
copies of the guidance to Office of Food Local Regulations Update
Safety, Center for Food Safety and Regulatory Enforcement Fairness Act
Applied Nutrition (HFS–300), Food and (Pub. L. 104–121, as amended by Pub. AGENCY: Coast Guard, DHS.
Drug Administration, 5001 Campus Dr., L. 110–28), we are making available the
SECG to reduce the burden of ACTION: Final rule.
College Park, MD 20740. Send two self-
addressed adhesive labels to assist that determining how to comply by further SUMMARY: The Coast Guard amends its
office in processing your request. See explaining and clarifying the actions special local regulations for recurring
the SUPPLEMENTARY INFORMATION section that a small entity must take to comply marine parades, regattas, and other
for electronic access to the guidance. with the rule. events in the Coast Guard Sector Ohio
FOR FURTHER INFORMATION CONTACT: We are issuing this SECG consistent Valley area of responsibility. This rule
For questions relating to Current Good with our good guidance practices adds 17 new recurring special local
Manufacturing Practice, Hazard regulation (21 CFR 10.115(c)(2)). This regulations, removes 9 special local
Analysis, and Risk-Based Preventive SECG represents the current thinking of regulations, and amends the name of an
nshattuck on DSK9F9SC42PROD with RULES
Controls for Human Food: Jenny Scott, FDA on this topic. It does not establish events/sponsors, dates, and/or locations
Center for Food Safety and Applied any rights for any person and is not of regulated areas for 48 recurring
Nutrition (HFS–300), Food and Drug binding on FDA or the public. You can special local regulations already listed
Administration, 5001 Campus Dr., use an alternative approach if it satisfies in the current table. This action in
College Park, MD 20740, 240–402–2166. the requirements of the applicable necessary to protect spectators,
For questions relating to Current Good statutes and regulations. This guidance participants, and vessels from the
Manufacturing Practice, Hazard is not subject to Executive Order 12866. hazards associated with annual marine
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![Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations 22199
TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued
Date Event/sponsor Ohio Valley location Regulated area
69. 2 days—Fourth weekend Oak Ridge Rowing Associa- Oak Ridge, TN ............................ Clinch River, Mile 48.5–52.0 (Tennessee).
in March. tion/Atomic City Turn and
Burn.
70. 3 days—Second or third Oak Ridge Rowing Associa- Oak Ridge, TN ............................ Clinch River, Mile 48.5–52.0 (Tennessee).
weekend in March. tion/Cardinal Invitational.
71. 3 days—Third weekend in Oak Ridge Rowing Associa- Oak Ridge, TN ............................ Clinch River, Mile 48.5–52.0 (Tennessee).
April. tion/SIRA Regatta.
72. 3 days—Fifth weekend in Oak Ridge Rowing Associa- Oak Ridge, TN ............................ Clinch River, Mile 48.5–52.0 (Tennessee).
April. tion/Dogwood Junior Re-
gatta.
73. 3 days—Second weekend Oak Ridge Rowing Associa- Oak Ridge, TN ............................ Clinch River, Mile 48.5–52.0 (Tennessee).
in May. tion/Big 12 Championships.
74. 3 days—Third weekend in Oak Ridge Rowing Associa- Oak Ridge, TN ............................ Clinch River, Mile 48.5–52.0 (Tennessee).
May. tion/Dogwood Masters.
75. 1 day—First weekend in Visit Knoxville/Knoxville Pow- Knoxville, TN ............................... Tennessee River, Mile 646.4–649.0 (Ten-
June. erboat Classic. nessee).
76. 1 day—First Sunday in Above the Fold Events/ Ashland City, TN ......................... Cumberland River, Mile 157.0–159.5 (Ten-
August. Riverbluff Triathlon. nessee).
77. 3 days—First weekend in Outdoor Chattanooga/Chat- Chattanooga, TN ......................... Tennessee River, Mile 454.0–468.0 (Ten-
June. tanooga Swim Festival. nessee).
78. 1 day—Fourth or fifth Knoxville Open Water Swim- Knoxville, TN ............................... Tennessee River, Mile 641.0–648.0 (Ten-
weekend in September. mers/Bridges to Bluffs. nessee).
79. 1 day—Third Sunday in Team Rocket Tri Club/Swim Huntsville, AL .............................. Tennessee River, Mile 332.3–338.0 (Ala-
September. Hobbs Island. bama).
* * * * * www.regulations.gov. Type USCG– deviation from drawbridge regulations;
Dated: May 7, 2018. 2017–0687 in the ‘‘SEARCH’’ box and request for comments (82 FR 41174).
M.B. Zamperini,
click ‘‘SEARCH.’’ Click on Open Docket There, we stated why we issued the
Folder on the line associated with this temporary deviation, and invited
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
rulemaking. comments on whether a permanent
FOR FURTHER INFORMATION CONTACT: If change to the Stillwater Highway Bridge
[FR Doc. 2018–10087 Filed 5–11–18; 8:45 am]
you have questions on this rule, call or operating schedule was warranted. In
BILLING CODE 9110–04–P
email Eric A. Washburn, Bridge addition, the petition we received for
Administrator, Western Rivers, Coast schedule change was made available for
Guard; telephone 314–269–2378, email public inspection in the Federal
DEPARTMENT OF HOMELAND
Eric.Washburn@uscg.mil. eRulemaking Portal online docket at
SECURITY
SUPPLEMENTARY INFORMATION: http://www.regulations.gov. During the
Coast Guard comment period that ended on
I. Table of Abbreviations November 28, 2017, we received 41
33 CFR Part 117 CFR Code of Federal Regulations comments.
DHS Department of Homeland Security The Coast Guard is issuing this rule
[Docket No. USCG–2017–0687] FR Federal Register without prior notice and opportunity to
OMB Office of Management and Budget comment pursuant to authority under
Drawbridge Operation Regulation; St. § Section section 4(a) of the Administrative
Croix River, Stillwater, MN U.S.C. United States Code Procedure Act (APA) (5 U.S.C. 553(b)).
AGENCY: Coast Guard, DHS. II. Background Information and This provision authorizes an agency to
Regulatory History issue a rule without prior notice and
ACTION: Final rule.
opportunity to comment when the
SUMMARY: The Coast Guard is altering The Stillwater Highway Bridge, across agency for good cause finds that those
the operating schedule that governs the the St. Croix River, mile 23.4, at procedures are ‘‘impracticable,
Stillwater Highway Bridge across the St. Stillwater, Minnesota, currently unnecessary, or contrary to the public
Croix River, mile 23.4, at Stillwater, operates under 33 CFR 117.667(b). The interest.’’ Under 5 U.S.C. 553(b)(3)(B),
Minnesota. This action is necessary Stillwater Highway Bridge provides a the Coast Guard finds that good cause
because the Stillwater Highway Bridge vertical clearance of 10.9 feet above exists for not publishing a notice of
is no longer open to vehicular traffic. normal pool in the closed-to-navigation proposed rulemaking (NPRM) with
This operating schedule change will position. Navigation on the waterway respect to this rule because it is
increase daily openings for vessel traffic consists primarily of commercial unnecessary. The temporary deviation
on the St. Croix River, while minimally sightseeing/dinner cruise boats and provided for public notice and
impacting the pedestrian and bicycle recreational watercraft. On July 7, 2017, comment, and this final rule lifts, rather
nshattuck on DSK9F9SC42PROD with RULES
traffic that transits the bridge. the Coast Guard was informed that with than imposes, restrictions on the
the August 2017 opening of the new St. operating schedule of the Stillwater
DATES: This rule is effective May 15,
Croix River Crossing, vehicular traffic Highway Bridge.
2018. over the Stillwater Highway Bridge Under 5 U.S.C. 553(d)(3), the Coast
ADDRESSES: To view documents terminated. In response, on August 30, Guard finds that good cause exists for
mentioned in this preamble as being 2017, we published a temporary making this rule effective less than 30
available in the docket, go to http:// deviation titled Notice of temporary days after publication in the Federal
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Document Created: 2018-05-12 01:11:15
Document Modified: 2018-05-12 01:11:15
| 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 14, 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 22194 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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