Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update, 3976-3982 [2016-01375]

Download as PDF 3976 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules current geographic area restriction at the request of the applicant for service, the adjacent official agency may provide service at a particular location upon approval by the Service. * * * * * ■ 8. Revise paragraph (a) of § 800.175 to read as follows: § 800.175 Termination of licenses. (a) Term of license. Each license shall terminate in accordance with the termination date shown on the license and as specified in paragraph (b) of this section. The termination date for a license shall be no less than 5 years or more than 6 years after the issuance date for the initial license; thereafter, every 5 years. Upon request of a licensee and for good cause shown, the termination date may be advanced or delayed by the Administrator for a period not to exceed 60 days. * * * * * ■ 9. Amend § 800.195 by adding paragraphs (f)(11) and (g)(4) to read as follows: § 800.195 Delegations. asabaliauskas on DSK5VPTVN1PROD with PROPOSALS * * * * * (f) * * * (11) Notification to Secretary. A delegated State shall notify the Secretary of its intention to temporarily discontinue official inspection and/or weighing services for any reason, except in the case of a major disaster. The delegated State must provide written notification to the Service no less than 72 hours in advance of the discontinuation date. * * * * * (g) * * * (4) Review. At least once every 5 years, a delegated State shall submit to a review of its delegation by the Service in accordance with the criteria and procedures for delegation prescribed in section 7(e) of the Act, this section of the regulations, and the instructions. The Administrator may revoke the delegation of a State according to this subsection if the State fails to meet or comply with any of the criteria for delegation set forth in the Act, regulations, and instructions. * * * * * ■ 10. Amend § 800.196 by revising paragraphs (e)(2)(ii) and (iii), adding paragraph (e)(2)(iv), and revising paragraph (h)(1)(i) to read as follows: § 800.196 Designations. * * * * * (e) * * * (2) * * * (ii) The applicant meets the conditions and criteria specified in the Act and regulations; VerDate Sep<11>2014 12:22 Jan 22, 2016 Jkt 238001 (iii) The applicant is better able than any other applicant to provide official services; and (iv) The applicant addresses concerns identified during consultations that the Service conducts with applicants for service to the satisfaction of the Service. * * * * * (h) Termination and renewal—(1) Every 5 years—(i) Termination. A designation shall terminate at a time specified by the Administrator, but not later than 5 years after the effective date of the designation. A notice of termination shall be issued by the Service to a designated agency at least 120 calendar days in advance of the termination date. The notice shall provide instructions for requesting renewal of the designation. Failure to receive a notice from the Service shall not exempt a designated agency from the responsibility of having its designation renewed on or before the specified termination date. * * * * * ■ 11. Amend § 800.216 by revising paragraph (c) to read as follows: § 800.216 Activities that shall be monitored. * * * * * (c) Grain handling activities. Grain handling activities subject to monitoring for compliance with the Act include, but are not limited to: (1) Shipping export grain without inspection or weighing; (2) Violating any Federal law with respect to the handling, weighing, or inspection of grain; (3) Deceptively loading, handling, weighing, or sampling grain; and (4) Exporting grain without a certificate of registration. * * * * * Larry Mitchell, Administrator, Grain Inspection, Packers and Stockyards. [FR Doc. 2016–01083 Filed 1–22–16; 8:45 am] BILLING CODE 3410–KD–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2015–1039] RIN 1625–AA08 Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update AGENCY: PO 00000 Coast Guard, DHS. Frm 00007 Fmt 4702 Sfmt 4702 ACTION: Notice of proposed rulemaking. The Coast Guard is amending and updating its special local regulations relating to recurring marine parades, regattas, and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This document informs the public of regularly scheduled events that require additional safety measures through establishing a special local regulation. Through this document the current list of recurring special local regulations is updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley’s AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas. Additionally, this one proposed rulemaking project reduces administrative costs involved in producing separate proposed rules for each individual recurring special local regulation and serves to provide notice of the known recurring special local regulations throughout the year. DATES: Comments and related material must be received by the Coast Guard on or before April 25, 2016. ADDRESSES: You may submit comments identified by docket number USCG– 2015–1039 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779–5347, email James.C.Robinson@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive order FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Captain of the Port (COTP) Ohio Valley is proposing to establish, amend, and update its current list of recurring special local regulations. These special local regulations are proposed to be added, amended, and updated to the list of annually recurring special local regulations under 33 CFR E:\FR\FM\25JAP1.SGM 25JAP1 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules 100.801 in Table 1 for annual special local regulations in the COTP Ohio Valley zone. The Coast Guard will address all comments accordingly, whether through response, additional revision to the regulation, or otherwise. Additionally, these recurring events are provided to the public through local avenues and planned by the local communities. The current list of annual and recurring special local regulations occurring in Sector Ohio Valley’s AOR is published under 33 CFR 100.801. That most recent list was created August 19, 2015 through the rulemaking 80 FR 50196, which finalized the interim rule published April 22, 2014, 79 FR 22381, which received no adverse comments. The August 19, 2015 rulemaking established under 33 CFR 100.801 created the current comprehensive list of recurring safety zones. The Coast Guard’s authority for establishing a special local regulation is contained at 33 U.S.C. 1233. The Coast Guard is amending and updating the special local regulations under 33 CFR part 100 to include the most up to date list of recurring special local regulations for events held on or around navigable waters within Sector Ohio Valley’s AOR. These events include marine parades, boat races, swim events, and other marine related events. The current list under 33 CFR 100.801 requires amending to provide new information on existing special local regulations, updating to include new special local regulations expected to recur annually or biannually, and to remove special local regulations that are no longer required. Issuing individual regulations for each new special local regulation, amendment, or removal of an existing special local regulation creates unnecessary administrative costs and burdens. This single proposed rulemaking will considerably reduce administrative overhead and provides the public with notice through publication in the Federal Register of the upcoming recurring special local regulations. The Coast Guard encourages the public to participate in this proposed rulemaking through the comment process so that any necessary changes 3977 can be identified and implemented in a timely and efficient manner. III. Discussion of Proposed Rule 33 CFR part 100 contains regulations to provide effective control over regattas and marine parades conducted on U.S. navigable waters in order to ensure the safety of life in the regattas or marine parade area. Section 100.801 provides the regulations applicable to events taking place in the Eighth Coast Guard District and also provides a table listing each event and special local regulation. This section requires amendment from time to time to properly reflect the recurring special local regulations in Sector Ohio Valley’s AOR. This proposed rule amends and updates § 100.801 replacing the current Table 1 for Sector Ohio Valley. Additionally, this proposed rule adds 16 new recurring special local regulations and removes 8 special local regulations. Sixteen new recurring special local regulations are added under the new Table 1 of § 100.801 for Sector Ohio Valley: Date Event/sponsor Ohio Valley location Regulated area 2 days—last weekend in September .... Captain Quarters Regatta ..................... Louisville, KY ........ 1 day—One of the last three weekends in June. 2 days—Second or third weekend in September. 1 day—One of the last two weekends in September. 1 day—Third weekend in May .............. Louisville Race the Bridge Triathlon ..... Louisville, KY ........ Louisville Dragon Boat Festival ............ Louisville, KY ........ Ohio River Open Water Swim .............. Prospect, KY ......... Chattanooga, TN ... 1 day—Third weekend in November .... World Triathlon Corporation/IRONMAN 70.3. Bradley Dean/Renaissance Man Triathlon. Tennessee Clean Water Network/ Downtown Dragon Boat Races. World Triathlon Corporation/IRONMAN Chattanooga. TREC–RACE/Pangorge ........................ Chattanooga, TN ... 2 days—weekend before Labor Day .... SUP3Rivers The Southside Outside .... Pittsburgh, PA ....... 1 day—Saturday before Labor Day ...... Wheeling Dragon Boat Race ................ Wheeling, WV ....... 1 day—Third Saturday in July ............... Pittsburgh, PA ....... Second Saturday in September ............ Pittsburgh Irish Rowing Club/St. Brendan’s Cup Currach Regatta. Ohio River Sternwheel Festival Committee Sternwheel race reenactment. Parkesburg Paddle Fest ....................... Ohio River, Mile 595.0–597.0 (Kentucky). Ohio River, Mile 601.5–603.0 (Kentucky). Ohio River, Mile 603.0–603.5 (Kentucky). Ohio River, Mile 588.0–590.0 (Kentucky). Tennessee River, Mile 463.0–466.0 (Tennessee). Tennessee River, Mile 255.0–257.0 (Alabama). Tennessee River, Mile 647.0–649.0 (Tennessee). Tennessee River, Mile 463.0–467.0 (Tennessee). Tennessee River, Mile 444.0–455.0 (Tennessee). Monongahela River, Mile 0.0–3.09 Allegheny River, Mile 0.0–0.25 (Pennsylvania). Ohio River, Mile 90.4–91.5 (West Virginia). Ohio River, Miles 7.0–9.0, back channel (Pennsylvania). Ohio River, Mile 170.5–172.5 (Ohio). Parkersburg, WV ... Three days during the fourth weekend in September. 3 days—1st week of August ................. New Martinsville Records and Regatta Challenge Committee. EQT Pittsburgh Three Rivers Regatta New Martinsville, WV. Pittsburgh, PA ....... 1 day—Second weekend in July ........... 1 day—Last weekend in August ........... asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 1 day—Last weekend in September ..... Second Sunday in September .............. VerDate Sep<11>2014 12:22 Jan 22, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 Florence, AL .......... Knoxville, TN ......... Chattanooga, TN ... Marietta, OH .......... E:\FR\FM\25JAP1.SGM Ohio River, Mile 184.3–188 (West Virginia). Ohio River, Mile 128–129 (West Virginia) Ohio River, Mile 0.0–0.5, Allegheny River, Mile 0.0–0.6, and Monongahela River, Mile 0.0–0.5 (Pennsylvania). 25JAP1 3978 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules This proposed rule removes the following 8 special local regulations from the existing Table 1 of § 100.801: Date Event/sponsor Ohio Valley location 1 day—Third weekend in July ............... Finchville, KY ........ Ohio River, Mile 595 (Kentucky). 1 day—First or second weekend in August. 1 day—First or second weekend in June. 1 day—Last weekend in June ............... Headfirst Performance/Cardinal Harbor Triathlon. Evansville Goodwill Industries/Ducks on the Ohio. Southern Indiana Triathlon Inc./Southern Indiana Triathlon. SOS Triathlon ....................................... Evansville, IN ........ Ohio River, Mile 792.0–796.0 (Indiana). Louisville, KY ........ 1 day—First or second weekend in July City of Livermore Canoe Race ............. Livermore, KY ....... 1 day—First or second weekend in July Jam Brand Sports, LLC/Buckhead Border Challenge Triathlon. Kentucky Derby Festival/Venetian Boat Parade Festival. North Oldham High School/North Oldham Ohio River Swim. Louisville, KY ........ New Albany, IN ..... Ohio River, Mile 600.0–603.0 (Kentucky). Ohio River, Mile 602.0–603.5 (Kentucky). Green River, Mile 71.0–71.5 (Kentucky). Ohio River, Mile 602.0–604.0 (Kentucky). Ohio River, Mile 596.0–604.3 (Indiana). LaGrange, KY ....... Ohio River, Mile 595 (Kentucky). 1 day—First weekend in August ........... 1 day—Second weekend in August ...... The effect of this proposed rule will be to restrict general navigation during these events. Vessels intending to transit the designated waterway through the special local regulations will only be allowed to transit the area when the COTP Ohio Valley, or designated representative, has deemed it safe to do so or at the completion of the event. asabaliauskas on DSK5VPTVN1PROD with PROPOSALS IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on a number of these statutes and E.O.s, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review E.O.s 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This proposed rule has not been designated a ‘‘significant regulatory action,’’ under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. The Coast Guard expects the economic impact of this proposed rule to be minimal, and therefore a full regulatory evaluation is unnecessary. This proposed rule establishes special local regulations limiting access to certain areas under 33 CFR part 100 within Sector Ohio Valley’s AOR. The effect of this proposed rulemaking will VerDate Sep<11>2014 12:22 Jan 22, 2016 Jkt 238001 Louisville, KY ........ not be significant because these special local regulations are limited in scope and duration. Additionally, the public is given advance notification through local forms of notice, the Federal Register, and/or Notices of Enforcement and thus will be able to plan operations around the special local regulations in advance. Deviation from the special local regulations established through this proposed rulemaking may be requested from the appropriate COTP and requests will be considered on a case-by-case basis. Broadcast Notices to Mariners and Local Notices to Mariners will also inform the community of these special local regulations so that they may plan accordingly for these short restrictions on transit. Vessel traffic may request permission from the COTP Ohio Valley or a designated representative to enter the restricted area. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities. This proposed rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 Regulated area the special local regulation areas during periods of enforcement. The special local regulations will not have a significant economic impact on a substantial number of small entities because they are limited in scope and will be in effect for short periods of time. Before the enforcement period, the Coast Guard COTP will issue maritime advisories widely available to waterway users. Deviation from the special local regulations established through this proposed rulemaking may be requested from the appropriate COTP and requests will be considered on a case-by-case basis. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 E:\FR\FM\25JAP1.SGM 25JAP1 3979 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520.). D. Federalism and Indian Tribal Governments A rule has implications for federalism under E.O. 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132. Also, this proposed rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule is categorically excluded under section 2.B.2, figure 2–1, paragraph (34)(h) of the Instruction because it involves establishment of special local regulations related to marine event permits for marine parades, regattas, and other marine events. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, and Waterways. For the reasons discussed in the preamble, the U.S. Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERWAYS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. Amend § 100.801 by revising table 1 of § 100.801 to read as follows: ■ § 100.801 Annual Marine Events in the Eighth Coast Guard District. * * * * * TABLE 1 OF § 100.801—OHIO VALLEY CAPTAIN OF THE PORT ZONE ANNUAL AND RECURRING MARINE EVENTS asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Date Event/sponsor Ohio Valley location Regulated area 1. The first Saturday in April ................. University of Charleston Rowing/West Virginia Governor’s Cup Regatta. Venture Outdoors/Venture Outdoors Festival. Charleston, WV ..... Kentucky Derby Festival/Belle of Louisville Operating Board/Great Steamboat Race. REV3/REV3 Triathlon ........................... Louisville, KY ........ Kanawha River, Mile 59.9–61.4 (West Virginia). Allegheny River, Mile 0.0–0.25 Monongahela River 0.0–0.25 (Pennsylvania). Ohio River, Mile 596.0–604.3 (Kentucky). 2. 1 day—Saturday before Memorial Day weekend. 3. 1 day—During the last week of April or first week of May. 4. 1 day—First or second weekend in May. VerDate Sep<11>2014 12:22 Jan 22, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 Pittsburgh, PA ....... Knoxville, TN ......... Tennessee River, Mile 646.0–649.0 (Tennessee). E:\FR\FM\25JAP1.SGM 25JAP1 3980 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules TABLE 1 OF § 100.801—OHIO VALLEY CAPTAIN OF THE PORT ZONE ANNUAL AND RECURRING MARINE EVENTS— Continued Date Event/sponsor Ohio Valley location Regulated area 5. 1 day—Third weekend in May .......... Chattanooga, TN ... Chattanooga, TN ... Tennessee River, Mile 463.0–466.0 (Tennessee). Tennessee River, Mile 464.0–469.0 (Tennessee). Morgantown, WV .. Monongahela River, Mile 101.0–102.0 (West Virginia). 8. 2 days—First weekend of June ........ World Triathlon Corporation/IRONMAN 70.3. Chattanooga Parks and Rec/Chattanooga River Rats Open Water Swim. Greater Morgantown Convention and Visitors Bureau/Mountaineer Triathlon. Kentucky Drag Boat Association .......... Pisgah Bay, KY ..... 9. Fourth Sunday in June ...................... Green Umbrella/Ohio River Paddlefest Cincinnati, OH ....... 10. 1 day—Fourth or fifth Sunday in September. 11. 1 day—One of the last two weekends in September. 12. 2 days–Second or third weekend in September. 13. 1 day—Third or fourth Sunday of July. 14. 2 days—First weekend of July ........ Green Umbrella/Great Ohio River Swim. Ohio River Open Water Swim .............. Cincinnati, OH ....... Prospect, KY ......... Louisville Dragon Boat Festival ............ Louisville, KY ........ Tucson Racing/Cincinnati Triathlon ...... Cincinnati, OH ....... Tennessee River, Mile 30.0 (Kentucky). Ohio River, Mile 459.5–470.2 (Ohio and Kentucky). Ohio River, Mile 469.8–470.2 (Ohio and Kentucky). Ohio River, Mile 588.0–590.0 9 (Kentucky). Ohio River, Mile 603.0–603.5 (Kentucky). Ohio River, Mile 469.3–470.2 (Ohio). Kentucky Drag Boat Association .......... Pisgah Bay, KY ..... Bradley Dean/Renaissance Man Triathlon. Madison Regatta, Inc./Madison Regatta. Pittsburgh Irish Rowing Club/St. Brendan’s Cup Currach Regatta. Louisville Race the Bridge Triathlon ..... Florence, AL .......... 6. 1 day—Second weekend in June ..... 7. 1 day—Third or fourth weekend in June. 15. 1 day—Second weekend in July .... 16. 3 days—One of the first two weekends in July. 17. 1 day—Third Saturday in July ........ 18. 1 day—One of the last three weekends in June. 19. 1 day—Fourth weekend in June ..... Madison, IN ........... Pittsburgh, PA ....... Louisville, KY ........ 20. 1 day—Fourth weekend in July ...... Team Magic/Chattanooga Waterfront Triathlon. Team Magic/Music City Triathlon ......... 21. 2 days—Last two weekends in July or first week of August. 22. 3 days—First week of August ......... Friends of the Riverfront Inc./Pittsburgh Triathlon and Adventure Races. EQT Pittsburgh Three Rivers Regatta Pittsburgh, PA ....... 23. 2 days—First weekend of August ... Kentucky Drag Boat Association .......... Pisgah Bay, KY ..... 24. 2 days—last weekend in September. 25. 2 days—Second or third weekend in October. 26. 2 days—Third full weekend (Saturday and Sunday) in August. 27. 1 day—Last weekend in August ..... Captain Quarters Regatta ..................... Louisville, KY ........ Norton Healthcare/Ironman Triathlon ... Louisville, KY ........ Ohio County Tourism/Rising Sun Boat Races. Tennessee Clean Water Network/ Downtown Dragon Boat Races. Governors’ Cup/UWP–IJSBA National Championships. Herd Racing LLC/Huntington Classic ... Rising Sun, IN ....... 28. 3 days—Third weekend in August .. 29. 2 days—Fourth weekend in July .... asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 30. 2 days—Last weekend in September. 31. 2 days—Labor Day weekend .......... Chattanooga, TN ... Nashville, TN ......... Pittsburgh, PA ....... Knoxville, TN ......... Charleston, WV ..... Huntington, WV ..... Fall Records Challenge Committee/Fall Records Challenge. Wheeling Vintage Race Boat Association Ohio/Wheeling Vintage Regatta. SUP3Rivers The Southside Outside .... Pittsburgh, PA ....... 33. 1 day—Saturday before Labor Day Wheeling Dragon Boat Race ................ Wheeling, WV ....... 34. 1 day—First or second weekend in September. 35. 2 days—First or second weekend in September. 36. 3 days—First or second weekend in September. Cumberland River Compact/Cumberland River Dragon Boat Festival. State Dock/Cumberland Poker Run ..... Nashville, TN ......... 32. 2 days—Weekend before Labor Day. VerDate Sep<11>2014 12:22 Jan 22, 2016 Jkt 238001 Sailing for a Cure Foundation/SFAC Fleur de Lis Regatta. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 New Martinsville, WV. Wheeling, WV ....... Jamestown, KY ..... Tennessee River, Mile 30.0 (Kentucky). Tennessee River, Mile 255.0–257.0 (Alabama). Ohio River, Mile 555.0–560.0 (Indiana). Miles 7–9, Ohio River back channel (Pennsylvania). Ohio River, Mile 601.5–603.0 (Kentucky). Tennessee River, Mile 463.0–465.0 (Tennessee). Cumberland River, Mile 190.0–192.0 (Tennessee). Allegheny River, Mile 0.0–1.5 (Pennsylvania). Ohio River, Mile 0.0–0.5, Allegheny River, Mile 0.0–0.6, and Monongahela River, Mile 0.0–0.5 (Pennsylvania) Tennessee River, Mile 30.0 (Kentucky). Ohio River, Mile 595.0–597.0 (Kentucky). Ohio River, Mile 601.5–604.5 (Kentucky). Ohio River, Mile 504.0–508.0 (Indiana and Kentucky). Tennessee River, Mile 647.0–649.0 (Tennessee) Kanawha River, Mile 56.7–57.6 (West Virginia). Ohio River, Mile 307.3–309.3 (West Virginia). Ohio River, Mile 128.5–129.5 (West Virginia). Ohio River, Mile 090.4–091.5 (West Virginia). Monongahela River, Mile 0.0–3.09 Allegheny River Mile 0.0–0.25 (Pennsylvania) Ohio River, Mile 90.4–91.5 (West Virginia). Cumberland River, Mile 190.0–192.0 (Tennessee). Lake Cumberland (Kentucky). Louisville, KY ........ Ohio River, Mile 601.0–604.0 (Kentucky). E:\FR\FM\25JAP1.SGM 25JAP1 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules 3981 TABLE 1 OF § 100.801—OHIO VALLEY CAPTAIN OF THE PORT ZONE ANNUAL AND RECURRING MARINE EVENTS— Continued Date Event/sponsor Ohio Valley location Regulated area 37. 1 day—One weekend, last half of September. 38. 1 day—Last weekend in September Harbor House of Louisville/Ken‘‘Ducky’’ Derby. World Triathlon Corporation/IRONMAN Chattanooga. City of Clarksville/Clarksville Riverfest Cardboard Boat Regatta. Three Rivers Rowing Association/Head of the Ohio Regatta. Lookout Rowing Club/Chattanooga Head Race. TREC–RACE/Pangorge ........................ Louisville, KY ........ Ohio River, Mile 602.0–604.0 (Kentucky). Tennessee River, Mile 463.0–467.0 (Tennessee) Cumberland River, Mile 125.0–126.0 (Tennessee). Allegheny River, Mile 0.0–4.0 (Pennsylvania). Tennessee River, Mile 464.0–467.0 (Tennessee). Tennessee River, Mile 444.0–455.0 (Tennessee). Tennessee River, Mile 464.0–467.0 (Tennessee). Ohio River, Mile 934–936 (Kentucky). 39. 1 day—Second weekend in September. 40. 2 days—First weekend of October 41. 1 day—First or second weekend in October. 42. 1 day—Third weekend in November. 43. 3 days—First weekend in November. 44. One Saturday in June or July ......... 45. 1 day—During the last weekend in May. 46. 4 days—Second or third weekend in June. 47. 1 day—Second or third Saturday in July. 48. 1 day—July 4th ............................... 49. 1 day—During the first week of July 50. 1 day—First weekend in September 51. 2 days—Third or fourth weekend in July. 52. 3 days—Fourth weekend in August 53. 1 day—Fourth weekend in August 54. 3 days—First or second weekend in September. 55. 1 day—First Sunday in August ....... 56. 2 days—First Weekend in August .. 57. 1 day—Sunday before Labor Day .. 58. 2 days—First or second weekend in September. 59. 1 day—One weekend, last half of September. 60. Second Sunday in September ........ 61. Second Saturday in September ...... asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 62. Three days during the fourth weekend in September. 63. First weekend in July ...................... 64. First or second weekend of July ..... 65. 2 days, last weekend in May or first weekend in June. 66. 1 day—Second weekend in September. VerDate Sep<11>2014 12:22 Jan 22, 2016 Jkt 238001 Atlanta Rowing Club/Head of the Hooch Rowing Regatta. Paducah Summer Festival/Cross River Swim. Louisville Metro Government/Mayor’s Healthy Hometown Subway Fresh Fit, Hike, Bike and Paddle. Hadi Shrine/Evansville Freedom Festival Air Show. Allegheny Mountain LMSC/Search for Monongy. Wellsburg 4th of July Committee/ Wellsburg 4th of July Fireworks. Evansville Freedom Celebration/4th of July Freedom Celebration. Louisville Metro Government/Mayor’s Healthy Hometown Subway Fresh Fit, Hike, Bike and Paddle. Dare to Care/KFC Mayor’s Cup Paddle Sports Races/Voyageur Canoe World Championships. Kentucky Drag Boat Association/Thunder on the Green. Team Rocket Tri-Club/Rocketman Triathlon. Hadi Shrine/Owensboro Air Show ........ Chattanooga, TN ... Clarksville, TN ....... Pittsburgh, PA ....... Chattanooga, TN ... Chattanooga, TN ... Chattanooga, TN ... Paducah, KY ......... Louisville, KY ........ Ohio River, Mile 602.0–603.5 (Kentucky). Evansville, IN ........ Ohio River, Mile 791.0–795.0 (Indiana). Pittsburgh, PA ....... Allegheny River, Mile 0.0–0.6 (Pennsylvania). Ohio River, Mile 73.5–74.5 (West Virginia). Ohio River, Mile 791.0–796.0 (Indiana). Wellsburg, WV ...... Evansville, IN ........ Louisville, KY ........ Ohio River, Mile 602.0–603.5 (Kentucky). Louisville, KY ........ Ohio River, Mile 601.0–604.0 (Kentucky). Livermore, KY ....... Green River, Mile 70.0–71.5 (Kentucky). Tennessee River, Mile 333.0–334.5 (Alabama). Ohio River, Mile 755.0–759.0 (Kentucky). Ohio River, Mile 307.3–308.3 (West Virginia). Ohio River, Mile 355.3–356.7 (Ohio). Huntsville, AL ........ Owensboro, KY ..... HealthyHuntington.org/St. Marys Tristate Triathlon. Buckeye Outboard Association/Portsmouth Challenge. Cincinnati Bell, WEBN, and Proctor and Gamble/Riverfest. Huntington, WV ..... State Dock/Cumberland Poker Run ..... Jamestown, KY ..... Harbor House of Louisville/Ken‘‘Ducky’’ Derby. Ohio River Sternwheel Festival Committee Sternwheel race reenactment. Parkesburg Paddle Fest ....................... Louisville, KY ........ New Martinsville Records and Regatta Challenge Committee. Eddyville Creek Marina/Thunder Over Eddy Bay. Prizer Point Marina/4th of July Celebration. Visit Knoxville/Racing on the Tennessee. Start 2 Finish/Nashvegas Triathlon ...... PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 Portsmouth, OH .... Cincinnati, OH ....... Marietta, OH .......... Parkersburg, WV ... New Martinsville, WV. Eddyville, KY ......... Cadiz, KY .............. Knoxville, TN ......... Ashland City, TN ... E:\FR\FM\25JAP1.SGM Ohio River, Mile 464.0–476.0 (Kentucky and Ohio) and Licking River Mile 0.0–3.0 (Kentucky). Lake Cumberland (Kentucky). Ohio River, Mile 602.0–604.0 (Kentucky). Ohio River, Mile 170.5–172.5 (Ohio) Ohio River, Mile 184.3–188 (West Virginia) Ohio River, Mile 128–129 (West Virginia) Cumberland River Mile 46.0–47.0. (Kentucky). Cumberland River, Mile 54.0–55.09 (Kentucky). Tennessee River, Mile 647.0–648.0 (Tennessee). Cumberland River, Mile 157.0–159.0 (Tennessee). 25JAP1 3982 * * Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules * * * Dated: January 5, 2016. R. V. Timme, Captain, U. S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2016–01375 Filed 1–22–16; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–2014–0050; FRL–9940– 20–OLEM] RIN 2050–AG78 National Oil and Hazardous Substances Pollution Contingency Plan Revisions To Align With the National Response Framework Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing revisions to the National Oil and Hazardous Substances Pollution Contingency Plan. These proposed revisions align the National Oil and Hazardous Substances Pollution Contingency Plan with the Department of Homeland Security’s National Response Framework and National Incident Management System. The revisions also update the descriptions of federal agency organizational structures and capabilities and how they operate, and recognize the establishment of the Department of Homeland Security. DATES: Comments must be received on or before March 25, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– SFUND–2014–0050, to the Federal SUMMARY: eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Jean Schumann, Office of Land and Emergency Management, Mail Code 5104A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460, (202) 564–1977, schumann.jean@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? The revisions primarily would affect the federal departments and agencies that participate in responding to incidents under the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which primarily consist of the departments and agencies on the NCP National Response Team (NRT). The descriptions and capabilities of these agencies have been updated, and some NCP terminology used by these agencies has been changed to be more consistent with the National Response Framework (NRF) and National Incident Management System (NIMS) issued by the Department of Homeland Security (DHS). Information has been added in notes to the regulation to explain that federal agencies follow the NRF and NIMS when appropriate. Additionally, this rulemaking proposes a clarification to § 300.405(d) that affects persons who notify the National Response Center (NRC) 1 of an incident, including representatives of industry and federal, state, tribal, and local governments. Paragraph (d) of § 300.405 currently states that the NRC will generally need information that will help to characterize the release when people call to report an incident. Paragraph (d) of § 300.405 goes on to say that this information ‘‘will include, but is not limited to . . .’’ and provides a list of examples of the types of information the NRC will need. The current list of examples includes the ‘‘possible source of the release.’’ These revisions would clarify paragraph (d) to state ‘‘possible source and cause of the release.’’ The NRC already collects information regarding the cause of the release, so this is not a new requirement. Adding ‘‘cause’’ to paragraph (d) will better prepare people who notify the NRC that they will be asked for this information. This change is also addressed in section IV of this preamble, under the discussion for § 300.405. Impacts on potentially affected entities, direct and indirect, are summarized in section V of this preamble. A summary of potentially affected entities is provided in the table below. Affected entities Industry ............................................................... State, Local or Tribal Governments ................... Federal Government ........................................... asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Type of entity Industries that report to the NRC. State, local, or tribal governments that report to the NRC. Federal departments and agencies that report to the NRC, and federal departments and agencies that are members of the National Response Team. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that EPA is now aware could potentially be regulated by this action. Others types of entities not listed in the table could also be regulated. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. B. What is the agency’s authority for taking this action? 1 Reference is made in this preamble and in the NCP to both the Nuclear Regulatory Commission and the National Response Center. In order to avoid confusion, the preamble and the NCP spell out the Nuclear Regulatory Commission and use the abbreviation ‘‘NRC’’ only with respect to the National Response Center. VerDate Sep<11>2014 12:22 Jan 22, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 The NCP is required by section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9605, as amended by the Superfund Amendments and E:\FR\FM\25JAP1.SGM 25JAP1

Agencies

[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)]
[Proposed Rules]
[Pages 3976-3982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01375]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-1039]
RIN 1625-AA08

Special Local Regulations; Sector Ohio Valley Annual and
Recurring Special Local Regulations Update

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is amending and updating its special local
regulations relating to recurring marine parades, regattas, and other
events that take place in the Coast Guard Sector Ohio Valley area of
responsibility (AOR). This document informs the public of regularly
scheduled events that require additional safety measures through
establishing a special local regulation. Through this document the
current list of recurring special local regulations is updated with
revisions, additional events, and removal of events that no longer take
place in Sector Ohio Valley's AOR. When these special local regulations
are enforced, certain restrictions are placed on marine traffic in
specified areas. Additionally, this one proposed rulemaking project
reduces administrative costs involved in producing separate proposed
rules for each individual recurring special local regulation and serves
to provide notice of the known recurring special local regulations
throughout the year.

DATES: Comments and related material must be received by the Coast
Guard on or before April 25, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-1039 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Petty Officer James Robinson, Sector Ohio Valley,
U.S. Coast Guard; telephone (502) 779-5347, email
James.C.Robinson@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

The Captain of the Port (COTP) Ohio Valley is proposing to
establish, amend, and update its current list of recurring special
local regulations.
These special local regulations are proposed to be added, amended,
and updated to the list of annually recurring special local regulations
under 33 CFR

[[Page 3977]]

100.801 in Table 1 for annual special local regulations in the COTP
Ohio Valley zone. The Coast Guard will address all comments
accordingly, whether through response, additional revision to the
regulation, or otherwise. Additionally, these recurring events are
provided to the public through local avenues and planned by the local
communities.
The current list of annual and recurring special local regulations
occurring in Sector Ohio Valley's AOR is published under 33 CFR
100.801. That most recent list was created August 19, 2015 through the
rulemaking 80 FR 50196, which finalized the interim rule published
April 22, 2014, 79 FR 22381, which received no adverse comments. The
August 19, 2015 rulemaking established under 33 CFR 100.801 created the
current comprehensive list of recurring safety zones.
The Coast Guard's authority for establishing a special local
regulation is contained at 33 U.S.C. 1233. The Coast Guard is amending
and updating the special local regulations under 33 CFR part 100 to
include the most up to date list of recurring special local regulations
for events held on or around navigable waters within Sector Ohio
Valley's AOR. These events include marine parades, boat races, swim
events, and other marine related events. The current list under 33 CFR
100.801 requires amending to provide new information on existing
special local regulations, updating to include new special local
regulations expected to recur annually or biannually, and to remove
special local regulations that are no longer required. Issuing
individual regulations for each new special local regulation,
amendment, or removal of an existing special local regulation creates
unnecessary administrative costs and burdens. This single proposed
rulemaking will considerably reduce administrative overhead and
provides the public with notice through publication in the Federal
Register of the upcoming recurring special local regulations.
The Coast Guard encourages the public to participate in this
proposed rulemaking through the comment process so that any necessary
changes can be identified and implemented in a timely and efficient
manner.

III. Discussion of Proposed Rule

33 CFR part 100 contains regulations to provide effective control
over regattas and marine parades conducted on U.S. navigable waters in
order to ensure the safety of life in the regattas or marine parade
area. Section 100.801 provides the regulations applicable to events
taking place in the Eighth Coast Guard District and also provides a
table listing each event and special local regulation. This section
requires amendment from time to time to properly reflect the recurring
special local regulations in Sector Ohio Valley's AOR. This proposed
rule amends and updates Sec. 100.801 replacing the current Table 1 for
Sector Ohio Valley.
Additionally, this proposed rule adds 16 new recurring special
local regulations and removes 8 special local regulations.
Sixteen new recurring special local regulations are added under the
new Table 1 of Sec. 100.801 for Sector Ohio Valley:

----------------------------------------------------------------------------------------------------------------
Date Event/sponsor Ohio Valley location Regulated area
----------------------------------------------------------------------------------------------------------------
2 days--last weekend in September.... Captain Quarters Louisville, KY......... Ohio River, Mile 595.0-
Regatta. 597.0 (Kentucky).
1 day--One of the last three weekends Louisville Race the Louisville, KY......... Ohio River, Mile 601.5-
in June. Bridge Triathlon. 603.0 (Kentucky).
2 days--Second or third weekend in Louisville Dragon Boat Louisville, KY......... Ohio River, Mile 603.0-
September. Festival. 603.5 (Kentucky).
1 day--One of the last two weekends Ohio River Open Water Prospect, KY........... Ohio River, Mile 588.0-
in September. Swim. 590.0 (Kentucky).
1 day--Third weekend in May.......... World Triathlon Chattanooga, TN........ Tennessee River, Mile
Corporation/IRONMAN 463.0-466.0
70.3. (Tennessee).
1 day--Second weekend in July........ Bradley Dean/ Florence, AL........... Tennessee River, Mile
Renaissance Man 255.0-257.0 (Alabama).
Triathlon.
1 day--Last weekend in August........ Tennessee Clean Water Knoxville, TN.......... Tennessee River, Mile
Network/Downtown 647.0-649.0
Dragon Boat Races. (Tennessee).
1 day--Last weekend in September..... World Triathlon Chattanooga, TN........ Tennessee River, Mile
Corporation/IRONMAN 463.0-467.0
Chattanooga. (Tennessee).
1 day--Third weekend in November..... TREC-RACE/Pangorge..... Chattanooga, TN........ Tennessee River, Mile
444.0-455.0
(Tennessee).
2 days--weekend before Labor Day..... SUP3Rivers The Pittsburgh, PA......... Monongahela River, Mile
Southside Outside. 0.0-3.09 Allegheny
River, Mile 0.0-0.25
(Pennsylvania).
1 day--Saturday before Labor Day..... Wheeling Dragon Boat Wheeling, WV........... Ohio River, Mile 90.4-
Race. 91.5 (West Virginia).
1 day--Third Saturday in July........ Pittsburgh Irish Rowing Pittsburgh, PA......... Ohio River, Miles 7.0-
Club/St. Brendan's Cup 9.0, back channel
Currach Regatta. (Pennsylvania).
Second Sunday in September........... Ohio River Sternwheel Marietta, OH........... Ohio River, Mile 170.5-
Festival Committee 172.5 (Ohio).
Sternwheel race
reenactment.
Second Saturday in September......... Parkesburg Paddle Fest. Parkersburg, WV........ Ohio River, Mile 184.3-
188 (West Virginia).
Three days during the fourth weekend New Martinsville New Martinsville, WV... Ohio River, Mile 128-
in September. Records and Regatta 129 (West Virginia)
Challenge Committee.
3 days--1st week of August........... EQT Pittsburgh Three Pittsburgh, PA......... Ohio River, Mile 0.0-
Rivers Regatta. 0.5, Allegheny River,
Mile 0.0-0.6, and
Monongahela River,
Mile 0.0-0.5
(Pennsylvania).
----------------------------------------------------------------------------------------------------------------

[[Page 3978]]

This proposed rule removes the following 8 special local
regulations from the existing Table 1 of Sec. 100.801:

The effect of this proposed rule will be to restrict general
navigation during these events. Vessels intending to transit the
designated waterway through the special local regulations will only be
allowed to transit the area when the COTP Ohio Valley, or designated
representative, has deemed it safe to do so or at the completion of the
event.

IV. Regulatory Analyses

We developed this proposed rule after considering numerous statutes
and Executive orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on a number of these statutes and E.O.s, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This proposed rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
The Coast Guard expects the economic impact of this proposed rule
to be minimal, and therefore a full regulatory evaluation is
unnecessary. This proposed rule establishes special local regulations
limiting access to certain areas under 33 CFR part 100 within Sector
Ohio Valley's AOR. The effect of this proposed rulemaking will not be
significant because these special local regulations are limited in
scope and duration. Additionally, the public is given advance
notification through local forms of notice, the Federal Register, and/
or Notices of Enforcement and thus will be able to plan operations
around the special local regulations in advance. Deviation from the
special local regulations established through this proposed rulemaking
may be requested from the appropriate COTP and requests will be
considered on a case-by-case basis. Broadcast Notices to Mariners and
Local Notices to Mariners will also inform the community of these
special local regulations so that they may plan accordingly for these
short restrictions on transit. Vessel traffic may request permission
from the COTP Ohio Valley or a designated representative to enter the
restricted area.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit the special local regulation areas during periods
of enforcement. The special local regulations will not have a
significant economic impact on a substantial number of small entities
because they are limited in scope and will be in effect for short
periods of time. Before the enforcement period, the Coast Guard COTP
will issue maritime advisories widely available to waterway users.
Deviation from the special local regulations established through this
proposed rulemaking may be requested from the appropriate COTP and
requests will be considered on a case-by-case basis.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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

[[Page 3979]]

small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.

C. Collection of Information

This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

D. Federalism and Indian Tribal Governments

A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this proposed rule does not have tribal implications under
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule is
categorically excluded under section 2.B.2, figure 2-1, paragraph
(34)(h) of the Instruction because it involves establishment of special
local regulations related to marine event permits for marine parades,
regattas, and other marine events. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

V. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.

For the reasons discussed in the preamble, the U.S. Coast Guard
proposes to amend 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.

0
2. Amend Sec. 100.801 by revising table 1 of Sec. 100.801 to read as
follows:

Sec. 100.801 Annual Marine Events in the Eighth Coast Guard District.

* * * * *

Table 1 of Sec. 100.801--Ohio Valley Captain of the Port Zone Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
Date Event/sponsor Ohio Valley location Regulated area
----------------------------------------------------------------------------------------------------------------
1. The first Saturday in April....... University of Charleston, WV......... Kanawha River, Mile
Charleston Rowing/West 59.9-61.4 (West
Virginia Governor's Virginia).
Cup Regatta.
2. 1 day--Saturday before Memorial Venture Outdoors/ Pittsburgh, PA......... Allegheny River, Mile
Day weekend. Venture Outdoors 0.0-0.25
Festival. Monongahela River 0.0-
0.25 (Pennsylvania).
3. 1 day--During the last week of Kentucky Derby Festival/ Louisville, KY......... Ohio River, Mile 596.0-
April or first week of May. Belle of Louisville 604.3 (Kentucky).
Operating Board/Great
Steamboat Race.
4. 1 day--First or second weekend in REV3/REV3 Triathlon.... Knoxville, TN.......... Tennessee River, Mile
May. 646.0-649.0
(Tennessee).

[[Page 3980]]

5. 1 day--Third weekend in May....... World Triathlon Chattanooga, TN........ Tennessee River, Mile
Corporation/IRONMAN 463.0-466.0
70.3. (Tennessee).
6. 1 day--Second weekend in June..... Chattanooga Parks and Chattanooga, TN........ Tennessee River, Mile
Rec/Chattanooga River 464.0-469.0
Rats Open Water Swim. (Tennessee).
7. 1 day--Third or fourth weekend in Greater Morgantown Morgantown, WV......... Monongahela River, Mile
June. Convention and 101.0-102.0 (West
Visitors Bureau/ Virginia).
Mountaineer Triathlon.
8. 2 days--First weekend of June..... Kentucky Drag Boat Pisgah Bay, KY......... Tennessee River, Mile
Association. 30.0 (Kentucky).
9. Fourth Sunday in June............. Green Umbrella/Ohio Cincinnati, OH......... Ohio River, Mile 459.5-
River Paddlefest. 470.2 (Ohio and
Kentucky).
10. 1 day--Fourth or fifth Sunday in Green Umbrella/Great Cincinnati, OH......... Ohio River, Mile 469.8-
September. Ohio River Swim. 470.2 (Ohio and
Kentucky).
11. 1 day--One of the last two Ohio River Open Water Prospect, KY........... Ohio River, Mile 588.0-
weekends in September. Swim. 590.0 9 (Kentucky).
12. 2 days-Second or third weekend in Louisville Dragon Boat Louisville, KY......... Ohio River, Mile 603.0-
September. Festival. 603.5 (Kentucky).
13. 1 day--Third or fourth Sunday of Tucson Racing/ Cincinnati, OH......... Ohio River, Mile 469.3-
July. Cincinnati Triathlon. 470.2 (Ohio).
14. 2 days--First weekend of July.... Kentucky Drag Boat Pisgah Bay, KY......... Tennessee River, Mile
Association. 30.0 (Kentucky).
15. 1 day--Second weekend in July.... Bradley Dean/ Florence, AL........... Tennessee River, Mile
Renaissance Man 255.0-257.0 (Alabama).
Triathlon.
16. 3 days--One of the first two Madison Regatta, Inc./ Madison, IN............ Ohio River, Mile 555.0-
weekends in July. Madison Regatta. 560.0 (Indiana).
17. 1 day--Third Saturday in July.... Pittsburgh Irish Rowing Pittsburgh, PA......... Miles 7-9, Ohio River
Club/St. Brendan's Cup back channel
Currach Regatta. (Pennsylvania).
18. 1 day--One of the last three Louisville Race the Louisville, KY......... Ohio River, Mile 601.5-
weekends in June. Bridge Triathlon. 603.0 (Kentucky).
19. 1 day--Fourth weekend in June.... Team Magic/Chattanooga Chattanooga, TN........ Tennessee River, Mile
Waterfront Triathlon. 463.0-465.0
(Tennessee).
20. 1 day--Fourth weekend in July.... Team Magic/Music City Nashville, TN.......... Cumberland River, Mile
Triathlon. 190.0-192.0
(Tennessee).
21. 2 days--Last two weekends in July Friends of the Pittsburgh, PA......... Allegheny River, Mile
or first week of August. Riverfront Inc./ 0.0-1.5
Pittsburgh Triathlon (Pennsylvania).
and Adventure Races.
22. 3 days--First week of August..... EQT Pittsburgh Three Pittsburgh, PA......... Ohio River, Mile 0.0-
Rivers Regatta. 0.5, Allegheny River,
Mile 0.0-0.6, and
Monongahela River,
Mile 0.0-0.5
(Pennsylvania)
23. 2 days--First weekend of August.. Kentucky Drag Boat Pisgah Bay, KY......... Tennessee River, Mile
Association. 30.0 (Kentucky).
24. 2 days--last weekend in September Captain Quarters Louisville, KY......... Ohio River, Mile 595.0-
Regatta. 597.0 (Kentucky).
25. 2 days--Second or third weekend Norton Healthcare/ Louisville, KY......... Ohio River, Mile 601.5-
in October. Ironman Triathlon. 604.5 (Kentucky).
26. 2 days--Third full weekend Ohio County Tourism/ Rising Sun, IN......... Ohio River, Mile 504.0-
(Saturday and Sunday) in August. Rising Sun Boat Races. 508.0 (Indiana and
Kentucky).
27. 1 day--Last weekend in August.... Tennessee Clean Water Knoxville, TN.......... Tennessee River, Mile
Network/Downtown 647.0-649.0
Dragon Boat Races. (Tennessee)
28. 3 days--Third weekend in August.. Governors' Cup/UWP- Charleston, WV......... Kanawha River, Mile
IJSBA National 56.7-57.6 (West
Championships. Virginia).
29. 2 days--Fourth weekend in July... Herd Racing LLC/ Huntington, WV......... Ohio River, Mile 307.3-
Huntington Classic. 309.3 (West Virginia).
30. 2 days--Last weekend in September Fall Records Challenge New Martinsville, WV... Ohio River, Mile 128.5-
Committee/Fall Records 129.5 (West Virginia).
Challenge.
31. 2 days--Labor Day weekend........ Wheeling Vintage Race Wheeling, WV........... Ohio River, Mile 090.4-
Boat Association Ohio/ 091.5 (West Virginia).
Wheeling Vintage
Regatta.
32. 2 days--Weekend before Labor Day. SUP3Rivers The Pittsburgh, PA......... Monongahela River, Mile
Southside Outside. 0.0-3.09 Allegheny
River Mile 0.0-0.25
(Pennsylvania)
33. 1 day--Saturday before Labor Day. Wheeling Dragon Boat Wheeling, WV........... Ohio River, Mile 90.4-
Race. 91.5 (West Virginia).
34. 1 day--First or second weekend in Cumberland River Nashville, TN.......... Cumberland River, Mile
September. Compact/Cumberland 190.0-192.0
River Dragon Boat (Tennessee).
Festival.
35. 2 days--First or second weekend State Dock/Cumberland Jamestown, KY.......... Lake Cumberland
in September. Poker Run. (Kentucky).
36. 3 days--First or second weekend Sailing for a Cure Louisville, KY......... Ohio River, Mile 601.0-
in September. Foundation/SFAC Fleur 604.0 (Kentucky).
de Lis Regatta.

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37. 1 day--One weekend, last half of Harbor House of Louisville, KY......... Ohio River, Mile 602.0-
September. Louisville/ 604.0 (Kentucky).
Ken``Ducky'' Derby.
38. 1 day--Last weekend in September. World Triathlon Chattanooga, TN........ Tennessee River, Mile
Corporation/IRONMAN 463.0-467.0
Chattanooga. (Tennessee)
39. 1 day--Second weekend in City of Clarksville/ Clarksville, TN........ Cumberland River, Mile
September. Clarksville Riverfest 125.0-126.0
Cardboard Boat Regatta. (Tennessee).
40. 2 days--First weekend of October. Three Rivers Rowing Pittsburgh, PA......... Allegheny River, Mile
Association/Head of 0.0-4.0
the Ohio Regatta. (Pennsylvania).
41. 1 day--First or second weekend in Lookout Rowing Club/ Chattanooga, TN........ Tennessee River, Mile
October. Chattanooga Head Race. 464.0-467.0
(Tennessee).
42. 1 day--Third weekend in November. TREC-RACE/Pangorge..... Chattanooga, TN........ Tennessee River, Mile
444.0-455.0
(Tennessee).
43. 3 days--First weekend in November Atlanta Rowing Club/ Chattanooga, TN........ Tennessee River, Mile
Head of the Hooch 464.0-467.0
Rowing Regatta. (Tennessee).
44. One Saturday in June or July..... Paducah Summer Festival/ Paducah, KY............ Ohio River, Mile 934-
Cross River Swim. 936 (Kentucky).
45. 1 day--During the last weekend in Louisville Metro Louisville, KY......... Ohio River, Mile 602.0-
May. Government/Mayor's 603.5 (Kentucky).
Healthy Hometown
Subway Fresh Fit,
Hike, Bike and Paddle.
46. 4 days--Second or third weekend Hadi Shrine/Evansville Evansville, IN......... Ohio River, Mile 791.0-
in June. Freedom Festival Air 795.0 (Indiana).
Show.
47. 1 day--Second or third Saturday Allegheny Mountain LMSC/ Pittsburgh, PA......... Allegheny River, Mile
in July. Search for Monongy. 0.0-0.6
(Pennsylvania).
48. 1 day--July 4th.................. Wellsburg 4th of July Wellsburg, WV.......... Ohio River, Mile 73.5-
Committee/Wellsburg 74.5 (West Virginia).
4th of July Fireworks.
49. 1 day--During the first week of Evansville Freedom Evansville, IN......... Ohio River, Mile 791.0-
July. Celebration/4th of 796.0 (Indiana).
July Freedom
Celebration.
50. 1 day--First weekend in September Louisville Metro Louisville, KY......... Ohio River, Mile 602.0-
Government/Mayor's 603.5 (Kentucky).
Healthy Hometown
Subway Fresh Fit,
Hike, Bike and Paddle.
51. 2 days--Third or fourth weekend Dare to Care/KFC Louisville, KY......... Ohio River, Mile 601.0-
in July. Mayor's Cup Paddle 604.0 (Kentucky).
Sports Races/Voyageur
Canoe World
Championships.
52. 3 days--Fourth weekend in August. Kentucky Drag Boat Livermore, KY.......... Green River, Mile 70.0-
Association/Thunder on 71.5 (Kentucky).
the Green.
53. 1 day--Fourth weekend in August.. Team Rocket Tri-Club/ Huntsville, AL......... Tennessee River, Mile
Rocketman Triathlon. 333.0-334.5 (Alabama).
54. 3 days--First or second weekend Hadi Shrine/Owensboro Owensboro, KY.......... Ohio River, Mile 755.0-
in September. Air Show. 759.0 (Kentucky).
55. 1 day--First Sunday in August.... HealthyHuntington.org/ Huntington, WV......... Ohio River, Mile 307.3-
St. Marys Tri-state 308.3 (West Virginia).
Triathlon.
56. 2 days--First Weekend in August.. Buckeye Outboard Portsmouth, OH......... Ohio River, Mile 355.3-
Association/Portsmouth 356.7 (Ohio).
Challenge.
57. 1 day--Sunday before Labor Day... Cincinnati Bell, WEBN, Cincinnati, OH......... Ohio River, Mile 464.0-
and Proctor and Gamble/ 476.0 (Kentucky and
Riverfest. Ohio) and Licking
River Mile 0.0-3.0
(Kentucky).
58. 2 days--First or second weekend State Dock/Cumberland Jamestown, KY.......... Lake Cumberland
in September. Poker Run. (Kentucky).
59. 1 day--One weekend, last half of Harbor House of Louisville, KY......... Ohio River, Mile 602.0-
September. Louisville/ 604.0 (Kentucky).
Ken``Ducky'' Derby.
60. Second Sunday in September....... Ohio River Sternwheel Marietta, OH........... Ohio River, Mile 170.5-
Festival Committee 172.5 (Ohio)
Sternwheel race
reenactment.
61. Second Saturday in September..... Parkesburg Paddle Fest. Parkersburg, WV........ Ohio River, Mile 184.3-
188 (West Virginia)
62. Three days during the fourth New Martinsville New Martinsville, WV... Ohio River, Mile 128-
weekend in September. Records and Regatta 129 (West Virginia)
Challenge Committee.
63. First weekend in July............ Eddyville Creek Marina/ Eddyville, KY.......... Cumberland River Mile
Thunder Over Eddy Bay. 46.0-47.0. (Kentucky).
64. First or second weekend of July.. Prizer Point Marina/4th Cadiz, KY.............. Cumberland River, Mile
of July Celebration. 54.0-55.09 (Kentucky).
65. 2 days, last weekend in May or Visit Knoxville/Racing Knoxville, TN.......... Tennessee River, Mile
first weekend in June. on the Tennessee. 647.0-648.0
(Tennessee).
66. 1 day--Second weekend in Start 2 Finish/ Ashland City, TN....... Cumberland River, Mile
September. Nashvegas Triathlon. 157.0-159.0
(Tennessee).
----------------------------------------------------------------------------------------------------------------

[[Page 3982]]

* * * * *

Dated: January 5, 2016.
R. V. Timme,
Captain, U. S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-01375 Filed 1-22-16; 8:45 am]
BILLING CODE 9110-04-P

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