Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update, 11706-11711 [2016-05032]

Download as PDF mstockstill on DSK4VPTVN1PROD with PROPOSALS 11706 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules 13160, and subject to an existing 504 plan to provide the child with equal access to education. (iv) Placement Flexibility. DoDEA’s administrative officials must have flexibility in waiving course or program prerequisites or other preconditions for placement in courses or programs offered under the jurisdiction of DoDEA. (v) Absences Related to Deployment Activities. A child whose parent or legal guardian is an active duty Service member and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat support posting, will be granted additional excused absences under governing DoDEA rules. (3) Article VI: Eligibility for Enrollment (i) Eligibility in DoDEA Schools. Eligibility of dependents of military members is governed by the laws in 10 U.S.C. 2164 and their implementing regulations. Only children who are eligible to attend DoDEA schools may do so, regardless of their transition status. (ii) Eligibility for Extracurricular Participation. DoDEA, acting as the receiving LEA, will facilitate the opportunity for transitioning children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent the children are otherwise qualified. (4) Article VII: Graduation. To facilitate the child’s on-time graduation, DoDEA will incorporate the following procedures: (i) Waiver Requirements (A) DoDEA administrative officials will waive specific courses required for graduation if similar course work has been satisfactorily completed in another LEA or provide reasonable justification for denial. (B) If DoDEA, as a receiving LEA, does not grant a waiver to a child who would qualify to graduate from the sending school, DoDEA will provide an alternative means of acquiring required coursework so that graduation may occur on time. (C) If DoDEA, as the receiving LEA, requires a graduation project, volunteer community service hours, or other DoDEA specific requirement, DoDEA may waive those requirements. (ii) Exit Exams (A) DoDEA, as a receiving LEA, must: (1) Accept exit or end-of-course exams required for graduation from the sending State. (2) Accept national norm-referenced achievement tests. (3) Provide alternative testing in lieu of testing requirements for graduation in the receiving from a DoDEA school. VerDate Sep<11>2014 16:20 Mar 04, 2016 Jkt 238001 (B) If the alternatives in paragraph (b)(2)(i) of this section cannot be accommodated by DoDEA as the receiving LEA for a child transferring in his or her senior year, then the provisions of paragraph (b)(1)(iv)(C) of this section will apply. (iii) Transfers During Senior Year (A) If a child transferring at the beginning or during his or her senior year is ineligible to graduate from DoDEA, as the receiving LEA, after all alternatives have been considered, DoDEA will request a diploma from the sending LEA or SEA. DoDEA will ensure the receipt of a diploma from the sending LEA or SEA, if the child meets the graduation requirements of the sending LEA or SEA. (B) If one of the States in question is not a member of this Compact, DoDEA, as a receiving state, will use best efforts to facilitate a transferring child’s ontime graduation in accordance with paragraphs (b)(1)(iv)(A) and (b)(1)(iv)(B) of this section. producing separate proposed rules for each individual recurring safety zone and serves to provide notice of the known recurring safety zones throughout the year. DATES: Comments and related material must be received by the Coast Guard on or before June 6, 2016. ADDRESSES: You may submit comments identified by docket number USCG– 2015–1029 using the Federal eRulemaking Portal at http:// 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: Dated: March 2, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. I. Table of Abbreviations [FR Doc. 2016–04970 Filed 3–4–16; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2015–1029] RIN 1625–AA00 Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to amend and update its list of recurring safety zone regulations that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This notice informs the public of regularly scheduled events that require additional safety measures through establishing a safety zone. Through this notice the current list of recurring safety zones is proposed to be updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley’s AOR. When these safety zones are enforced, vessel traffic is restricted from specified areas. Additionally, this one proposed rulemaking project reduces administrative costs involved in SUMMARY: PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 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 legal basis for the rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define regulatory safety zones. The Captain of the Port (COTP) Ohio Valley is proposing to establish, amend, and update its current list of recurring safety zone regulations. These safety zones are proposed to be added, amended, and updated to the list of annually recurring safety zones under 33 CFR 165.801 in Table no. 1 for annual safety zones 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 safety zones occurring in Sector Ohio Valley’s AOR is published under 33 CFR part 165.801. That most recent list was created August 18, 2015 through the rulemaking 80 FR 49911, which finalized the interim rule E:\FR\FM\07MRP1.SGM 07MRP1 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules published April 22, 2014, 79 FR 22398, which received no adverse comments. The August 18, 2015 rulemaking established 33 CFR 165.801 creating the current comprehensive list of recurring safety zones. The Coast Guard is amending and updating the safety zone regulations under 33 CFR part 165 to include the most up to date list of recurring safety zones for events held on or around navigable waters within Sector Ohio Valley’s AOR. These events include air shows, fireworks displays, and other marine related events requiring a limited access area restricting vessel traffic for safety purposes. The current list under 33 CFR 165.801 requires amending to provide new information on existing safety zones, updating to include new safety zones expected to recur annually or biannually, and to remove safety zones that are no longer required. Issuing individual regulations for each new safety zone, amendment, or removal of an existing safety zone creates unnecessary administrative costs and burdens. This single proposed rulemaking will considerably reduce administrative overhead and provides the public with notice through publication in the Federal Register of the upcoming recurring safety zone 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 the Rule 33 CFR part 165 contains regulations establishing limited access areas to restrict vessel traffic for the safety of 11707 persons and property. Section 165.801 establishes recurring safety zones to restrict vessel transit into and through specified areas to protect spectators, mariners, and other persons and property from potential hazards presented during certain events taking place in Sector Ohio Valley’s AOR. This section requires amendment from time to time to properly reflect the recurring safety zone regulations in Sector Ohio Valley’s AOR. This proposed rule amends and updates Section 165.801 replacing the current Table 1 for Sector Ohio Valley. Additionally, this proposed rule adds 13 new recurring safety zones and removes 6 safety zones. Thirteen new recurring safety zones are proposed to be added under the new Table 1 of § 165.801 for Sector Ohio Valley, as follows: Date Event/sponsor Ohio Valley location Regulated area 1 day—Last weekend in June or first weekend in July. 1 day—First weekend in June ............... 2 days—Second weekend of June ........ Riverview Park Independence Festival Louisville, KY ........ Bellaire All-American Days .................. Rice’s Landing Riverfest ...................... Bellaire, OH .......... Rices Landing, PA 1 day—Second full week of August ....... PA FOB Fireworks Display .................. Pittsburgh, PA ....... 1 day—Third week of August ................. Beaver River Regatta Fireworks .......... Beaver, PA ............ 1 day—Fourth or Fifth of July ................ City of Cape Girardeau July 4th Fireworks Show on the River. Friends of Ironton ................................. Greenup City ........................................ Cape Girardeau, MO. Ironton, OH ........... Greenup, KY ......... Middleport Community Association ...... Ohio River Sternwheel Festival Committee fireworks. People for the Point Party in the Park Kittanning Light Up Night Firework Display. West Virginia Motor Car Festival ......... Middleport, OH ...... Marietta, OH ......... Ohio River, Mile 618.5–619.5 (Kentucky). Ohio River, Mile 93.5–94.5 (Ohio). Monongahela River, Mile 68.0–68.8 (Pennsylvania). Allegheny River, Mile 0.8–1.0 (Pennsylvania). Ohio River, Mile 25.2–25.8 (Pennsylvania). Upper Mississippi River, Mile 50.0– 52.0 (Missouri). Ohio River, Mile 326.7–327.7 (Ohio). Ohio River, Mile 335.2–336.2 (Kentucky). Ohio River, Mile 251.5–252.5 (Ohio). Ohio River, Mile 171.5–172.5 (Ohio). Last Sunday in May ............................... July 4th ................................................... July 4th ................................................... Second Saturday in September ............. July 4th ................................................... 1 day—Friday before Thanksgiving ....... First Saturday in October ....................... This proposed rule removes the following 6 safety zone regulations from South Point, OH .... Kittanning, PA ....... Charleston, WV ..... Ohio River, Mile 317–318 (Ohio). Allegheny River, Mile 44.5–45.5 (Pennsylvania). Kanawha River, Mile 58–59 (West Virginia). the existing Table 1 Part of § 165.801 for Sector Ohio Valley, as follows: Date Event/sponsor Ohio Valley location Regulated area 1 day—July 4th ...................................... Downtown Henderson Project/Henderson Independence Bank Fireworks. Zambelli Fireworks/American Pyrotechnic Association Annual Convention Fireworks Display. Lake Guntersville Chamber of Commerce/Lake Guntersville 4th of July Celebration. City of Clarksville/Clarksville Independence Day Fireworks. Knoxville Tourism and Sports Corporation/Boomsday Festival. Chattanooga Presents/Grand Illumination. Henderson, KY ..... Ohio River, Mile 803.5–804.5 (Kentucky). Ohio River, Miles 602.0–606.0 (Kentucky). 1 day—First or second weekend in October. mstockstill on DSK4VPTVN1PROD with PROPOSALS 1 day—July 4th ...................................... 1 day—July 3rd or the weekend before July 3rd if the 3rd is on a weekday. 1 day—Labor Day weekend ................... 1 day—Friday after Thanksgiving .......... VerDate Sep<11>2014 16:20 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 Louisville, KY ........ Guntersville, AL .... Tennessee River, Mile 356.0–358.0 (Alabama). Clarksville, TN ....... Cumberland River, Mile 103.0–105.0 (Tennessee). Tennessee River, Mile 647.0–648.0 (Tennessee). Tennessee River, Mile 463.0–469.0 (Tennessee). Knoxville, TN ......... Chattanooga, TN .. E:\FR\FM\07MRP1.SGM 07MRP1 11708 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules The effect of this proposed rule will be to restrict general navigation in the safety zone during the event. Vessels intending to transit the designated waterway through the safety zone 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. The proposed annually recurring safety zones are necessary to provide for the safety of life on navigable waters during the events. mstockstill on DSK4VPTVN1PROD 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, therefore a full regulatory evaluation is unnecessary. This proposed rule establishes safety zones limiting access to certain areas under 33 CFR part 165 within Sector Ohio Valley’s AOR. The effect of this proposed rulemaking will not be significant because these safety zones are limited in scope and duration. Additionally, the public is given advance notification through local forms of notice, the Federal Register, and/or Notices of Enforcement and thus will be able to plan operations around the safety zones in advance. Deviation from the safety zones 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 safety zones 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. VerDate Sep<11>2014 16:20 Mar 04, 2016 Jkt 238001 B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601 through 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-forprofit 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 safety zone areas during periods of enforcement. The safety zones 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 safety zones 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 small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 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 through 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 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 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 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 through 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 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 E:\FR\FM\07MRP1.SGM 07MRP1 11709 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules section 2.B.2, figure 2–1, paragraph (34(g) of the Instruction because it involves establishment of safety zones. 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 http:// www.regulations.gov. If your material cannot be submitted using http:// 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 http:// 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 http://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 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the U.S. Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Amend § 165.801 by revising table 1 to read as follows: ■ § 165.801 Annual fireworks displays and other events in the Eighth Coast Guard District requiring safety zones. * * * * * TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES Date Sponsor/name Location Safety zone 1. Multiple days—April through November. 2. Multiple days—April through November. Pittsburgh Pirates/Pittsburgh Pirates Fireworks. Cincinnati Reds/Cincinnati Reds Season Fireworks. Pittsburgh, PA ....... 3. 2 days—Third Friday and Saturday in April. 4. Last Sunday in May ........................... 5. 3 days—Third weekend in April ......... Thunder Over Louisville/Thunder Over Louisville. Friends of Ironton ................................. Henderson Tri-Fest/Henderson Breakfast Lions Club. Paducah Parks and Recreation Department/Cross River Swim. Bellaire All-American Days .................. Rice’s Landing Riverfest ...................... Louisville, KY ........ Allegheny River, Mile 0.2–0.8 (Pennsylvania). Ohio River, Mile 470.1–470.4; extending 500 ft. from the State of Ohio shoreline (Ohio). Ohio River, Mile 602.0–606.0 (Kentucky). Ohio River, Mile 326.7–327.7 (Ohio). Ohio River, Mile 803.5–804.5 (Kentucky). Ohio River, Mile 934.0–936.0 (Kentucky). Ohio River, Mile 93.5–94.5 (Ohio). Monongahela River, Mile 68.0–68.8 (Pennsylvania). Kanawha River, Mile 59.5–60.5 (West Virginia). Kanawha River, Mile 46.3–47.3 (West Virginia). Ohio River, Mile 335.2–336.2 (Kentucky). Ohio River, Mile 251.5–252.5 (Ohio). Ohio River, Mile 317–318 (Ohio). Ohio River, Mile 618.5–619.5 (Kentucky). Ohio River, Mile 90.0–90.5 (West Virginia). 6. 1 day—A Saturday in July ................. 7. 1 day—First weekend in June ........... 8. 2 days—Second weekend of June .... Ironton, OH ........... Henderson, KY ..... Paducah, KY ......... Bellaire, OH .......... Rices Landing, PA 10. 1 day—Saturday before 4th of July West Virginia Symphony Orchestra/ Symphony Sunday. Riverfest Inc./Saint Albans Riverfest ... St. Albans, WV ..... 11. 1 day—4th July ................................ Greenup City ........................................ Greenup, KY ......... 12. 1 day—4th July ................................ 13. 1 day—4th July ................................ 14. 1 day—Last weekend in June or first weekend in July. 15. 1 day—Third or fourth week in July mstockstill on DSK4VPTVN1PROD with PROPOSALS 9. 1 day—First Sunday in June ............. Cincinnati, OH ....... Middleport Community Association ...... People for the Point Party in the Park Riverview Park Independence Festival Middleport, OH ...... South Point, OH .... Louisville, KY ........ Upper Ohio Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks. City of Cape Girardeau July 4th Fireworks Show on the River. Harrah’s Casino/Metropolis Fireworks Louisville Bats Baseball Club/Louisville Bats Firework Show. Waterfront Independence Festival/Louisville Orchestra Waterfront 4th. Celebration of the American Spirit Fireworks/All American 4th of July. Wheeling, WV ....... 16. 1 day—4th or 5th of July ................. 17. 1 day—Third or fourth of July .......... 18. 1 day—During the first week of July 19. 1 day—July 4th ................................ 20. 1 day—During the first week of July VerDate Sep<11>2014 16:20 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 Charleston, WV ..... Cape Girardeau, MO. Metropolis, IL ........ Louisville, KY ........ Louisville, KY ........ Owensboro, KY ..... E:\FR\FM\07MRP1.SGM Upper Mississippi River, Mile 50.0– 52.0. Ohio River, Mile 942.0–945.0 (Illinois). Ohio River, Mile 603.0–604.0 (Kentucky). Ohio River, Mile 603.0–604.0 (Kentucky). Ohio River, Mile 755.0–759.0 (Kentucky). 07MRP1 11710 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued Date Sponsor/name Location Safety zone 21. 1 day—During the first week of July Riverfront Independence Festival Fireworks. Shoals Radio Group/Spirit of Freedom Fireworks. Town of Cumberland City/Lighting up the Cumberlands Fireworks. Knoxville office of Special Events/ Knoxville July 4th Fireworks. NCVC/Music City July 4th .................... New Albany, IN ..... Ohio River, Mile 602.0–603.5 (Indiana). Tennessee River, Mile 255.0–257.0 (Alabama). Cumberland River, Mile 103.0–105.0 (Tennessee). Tennessee River, Mile 647.0–648.0 (Tennessee). Cumberland River, Mile 190.0–192.0 (Tennessee). Tennessee-Tombigbee Waterway, Mile 450.0–450.5 (Tennessee). Ohio River, Mile 468.2–469.2 (Kentucky and Ohio). Ohio River, Mile 469.2–470.5 (Kentucky and Ohio). Ohio River, Mile 322.1–323.1 (Kentucky). Ohio River, Mile 265.2–266.2 (West Virginia). Kanawha River, Mile 58.1–59.1 (West Virginia). Ohio River, Mile 355.5–356.5 (Ohio). 22. 1 day—July 4th ................................ 23. 1 day—Saturday before July 4th ..... 24. 1 day—July 4th ................................ 25. 1 day—July 4th ................................ 26. 1 day—Saturday before July 4th, or Saturday after July 4th. 27. 1 day—Second Saturday in July ..... 28. 1 day—Sunday before Labor Day ... 29. 1 day—July 4th ................................ 30. 1 day—Last weekend in June or First weekend in July. 31. 1 day—July 3rd or 4th ..................... Grand Harbor Marina/Grand Harbor Marina July 4th Celebration. City of Bellevue, KY/Bellevue Beach Park Concert Fireworks. Cincinnati Bell, WEBN, and Proctor and Gamble/Riverfest. Summer Motions Inc./Summer Motion Florence, AL ......... Cumberland City, TN. Knoxville, TN ......... Nashville, TN ........ Counce, TN ........... Bellevue, KY ......... Cincinnati, OH ....... Ashland, KY .......... 35. 1 day—Second full week of August City of Point Pleasant/Point Pleasant Sternwheel Fireworks. City of Charleston/City of Charleston Independence Day Celebration. Civic Forum/Civic Forum 4th of July Celebration. Guyasuta Days Festival/Borough of Sharpsburg. Pittsburgh Foundation/Bob O’Connor Cookie Cruise. PA FOB Fireworks Display .................. Pittsburgh, PA ....... 36. 1 day—Third week of August .......... Beaver River Regatta Fireworks .......... Beaver, PA ............ 37. 1 day—December 31 ....................... Pittsburgh Cultural Trust/Highmark First Night Pittsburgh. Pittsburgh Downtown Partnership/Light Up Night. Pittsburgh Riverhounds/Riverhounds Fireworks. Hadi Shrine/Evansville Freedom Festival Air Show. Friends of the Festival, Inc./Riverbend Festival Fireworks. Pittsburgh, PA ....... City of Newport, KY/Italianfest ............. Newport, KY .......... City of Aurora/Aurora Firecracker Festival. Aurora, IN ............. 44. 1 day—second weekend in June ..... City of St. Albans/St. Albans Town Fair St. Albans, WV ..... 45. 1 day—Saturday before July 4th ..... PUSH Beaver County/Beaver County Boom. Monongahela Area Chamber of Commerce/Monongahela 4th of July Celebration. Oakmont Yacht Club/Oakmont Yacht Club Fireworks. Beaver, PA ............ Oakmont, PA ........ Allegheny River, (Pennsylvania). Three Rivers Regatta Fireworks/EQT 4th of July Celebration. Pittsburgh, PA ....... 49. 1 day—3rd or 4th of July ................. City of Paducah, KY ............................. Paducah, KY ......... 50. 1 day—3rd or 4th of July ................. City of Hickman, KY ............................. Hickman, KY ......... 51. 1 day—During the first week of July Evansville Freedom Celebration .......... Evansville, IN ........ 52. 3 days—One of the first two weekends in July. Madison Regatta, Inc./Madison Regatta. Madison, IN ........... Ohio River, Mile 0.0–0.5, Allegheny River, Mile 0.0–0.5, and Monongahela River, Mile 0.0–0.5 (Pennsylvania). Ohio River, Mile 934.0–936.0; Tennessee River, mile 0.0—1.0 (Kentucky). Lower Mississippi River, Mile 921.0– 923.0 (Kentucky). Ohio River, Miles 791.0–795.0 (Indiana). Ohio River, Miles 555.0–560.0 (Indiana). 32. 1 day—July 4th ................................ 33. 1 day—Second Saturday in August 34. 1 day—Third week in October ......... 38. 1 day—Friday before Thanksgiving 39. Multiple days—April through November. 40. 3 days—Second or third weekend in June. 41. 1 day—Second or third Saturday in June, the last day of the Riverbend Festival. 42. 2 days—Second Friday and Saturday in June. 43. 1 day—Last Saturday in June ......... 46. 1 day—4th of July (Rain date—July 5th). mstockstill on DSK4VPTVN1PROD with PROPOSALS 47. 1 day—Saturday Third or Fourth full week of July (Rain date—following Sunday). 48. 1 day—Week of July 4th .................. VerDate Sep<11>2014 16:20 Mar 04, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 Point Pleasant, WV Charleston, WV ..... Portsmouth, OH .... Pittsburgh, PA ....... Pittsburgh, PA ....... Pittsburgh, PA ....... Pittsburgh, PA ....... Evansville, IN ........ Chattanooga, TN .. Monongahela, PA E:\FR\FM\07MRP1.SGM Allegheny River, Mile 005.5–006.0 (Pennsylvania). Ohio River, Mile 0.0–0.5 (Pennsylvania). Allegheny River, Mile 0.8–1.0 (Pennsylvania). Ohio River, Mile 25.2–25.8 (Pennsylvania). Allegheny River Mile, 0.5–1.0 (Pennsylvania). Allegheny River, Mile 0.0–1.0 (Pennsylvania). Monongahela River, Mile 0.22–0.77. (Pennsylvania). Ohio River, Miles 791.0–795.0 (Indiana). Tennessee River, Mile 463.5–464.5 (Tennessee). Ohio River, Miles 469.6–470.0 (Kentucky and Ohio). Ohio River Mile, 496.7; 1400 ft. radius from the Consolidated Grain Dock located along the State of Indiana shoreline at (Indiana and Kentucky). Kanawha River, Mile 46.3–47.3 (West Virginia). Ohio River, Mile 24.0–25.6 (Pennsylvania). Monongahela River, Mile 032.0–033.0 (Pennsylvania). 07MRP1 Mile 12.0–12.5 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules 11711 TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued Date Sponsor/name Location Safety zone 53. 1 day—July 4th ................................ Cities of Cincinnati, OH and Newport, KY/July 4th Fireworks. Marietta Riverfront Roar/Marietta Riverfront Roar. Gallia County Chamber of Commerce/ Gallipolis River Recreation Festival. Kindred Communications/Dawg Dazzle Newport, KY .......... Marietta, OH ......... Ohio River, Miles 469.6–470.2 (Kentucky and Ohio). Ohio River, Mile 171.6–172.6 (Ohio). Gallipolis, OH ........ Ohio River, Mile 269.5–270.5 (Ohio). Huntington, WV ..... Ohio River, Mile 307.8–308.8 (West Virginia). Ohio River, Mile 537 (Kentucky). 54. 2 days—second weekend in July .... 55. 1 day—1st weekend in July ............. 56. 1 day—July 4th ................................ 57. 1 day—Last weekend in August ...... 58. 1 day—Saturday of Labor Day weekend. 59. Sunday, Monday, or Thursday from September through January. 60. 3 days—Third weekend in September. 61. 1 day—Second Saturday in September. 62. 1 day—Second weekend of October 63. 1 day—First Saturday in October .... 64. 1 day—Friday before Thanksgiving 65. 1 day—First week in October .......... 66. 1 day—Friday before Thanksgiving * * * * Swiss Wine Festival/Swiss Wine Festival Fireworks Show. University of Pittsburgh Athletic Department/University of Pittsburgh Fireworks. Pittsburgh Steelers Fireworks .............. Wheeling Heritage Port Sternwheel Festival Foundation/Wheeling Heritage Port Sternwheel Festival. Ohio River Sternwheel Festival Committee fireworks. Leukemia and Lymphoma Society/ Light the Night Walk Fireworks. West Virginia Motor Car Festival ......... Kittanning Light Up Night Firework Display. Leukemia & Lymphoma Society/Light the Night. Duquesne Light/Santa Spectacular ..... * Dated: January 5, 2016. R.V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2016–05032 Filed 3–4–16; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2015–0838; FRL–9943–26– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Infrastructure Requirements for the 2012 Fine Particulate Matter National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Proposed rule. mstockstill on DSK4VPTVN1PROD with PROPOSALS AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Virginia pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards SUMMARY: VerDate Sep<11>2014 16:20 Mar 04, 2016 Jkt 238001 Ghent, KY ............. Pittsburgh, PA ....... Allegheny River, Mile 0.0–0.25 (Pennsylvania). Pittsburgh, PA ....... Ohio River, Mile 0.3–Allegheny River, Mile 0.2 (Pennsylvania). Ohio River, Mile 90.2–90.7 (West Virginia). Wheeling, WV ....... Marietta, OH ......... Ohio River, Mile 171.5–172.5 (Ohio). Nashville, TN ........ Cumberland River, Mile 190.0–192.0 (Tennessee). Kanawha River, Mile 58–59 (West Virginia). Allegheny River, Mile 44.5–45.5 (Pennsylvania). Ohio River, Mile 0.0–0.4 (Pennsylvania). Monongahela River, Mile 0.00–0.22, Allegheny River, Mile 0.00–0.25, and Ohio River, Mile 0.0–0.3 (Pennsylvania). Charleston, WV ..... Kittanning, PA ....... Pittsburgh, PA ....... Pittsburgh, PA ....... (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. The Commonwealth of Virginia has made a submittal addressing the infrastructure requirements for the 2012 fine particulate matter (PM2.5) NAAQS. This action is being taken under the CAA. DATES: Written comments must be received on or before April 6, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2015–0838 at http:// www.regulations.gov, or via email to fernandez.cristina@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 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, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814–5787, or by email at schmitt.ellen@epa.gov. SUPPLEMENTARY INFORMATION: On July 16, 2015, the Commonwealth of Virginia (Virginia) through the Virginia Department of Environmental Quality (VADEQ) submitted a revision to the Commonwealth’s SIP to satisfy the requirements of section 110(a)(2) of the CAA for the 2012 PM2.5 NAAQS. E:\FR\FM\07MRP1.SGM 07MRP1

Agencies

[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Proposed Rules]
[Pages 11706-11711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05032]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1029]
RIN 1625-AA00


Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring 
Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to amend and update its list of 
recurring safety zone regulations that take place in the Coast Guard 
Sector Ohio Valley area of responsibility (AOR). This notice informs 
the public of regularly scheduled events that require additional safety 
measures through establishing a safety zone. Through this notice the 
current list of recurring safety zones is proposed to be updated with 
revisions, additional events, and removal of events that no longer take 
place in Sector Ohio Valley's AOR. When these safety zones are 
enforced, vessel traffic is restricted from specified areas. 
Additionally, this one proposed rulemaking project reduces 
administrative costs involved in producing separate proposed rules for 
each individual recurring safety zone and serves to provide notice of 
the known recurring safety zones throughout the year.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 6, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-1029 using the Federal eRulemaking Portal at http://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 legal basis for the rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33 
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to define regulatory safety zones.
    The Captain of the Port (COTP) Ohio Valley is proposing to 
establish, amend, and update its current list of recurring safety zone 
regulations.
    These safety zones are proposed to be added, amended, and updated 
to the list of annually recurring safety zones under 33 CFR 165.801 in 
Table no. 1 for annual safety zones 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 safety zones occurring in 
Sector Ohio Valley's AOR is published under 33 CFR part 165.801. That 
most recent list was created August 18, 2015 through the rulemaking 80 
FR 49911, which finalized the interim rule

[[Page 11707]]

published April 22, 2014, 79 FR 22398, which received no adverse 
comments. The August 18, 2015 rulemaking established 33 CFR 165.801 
creating the current comprehensive list of recurring safety zones.
    The Coast Guard is amending and updating the safety zone 
regulations under 33 CFR part 165 to include the most up to date list 
of recurring safety zones for events held on or around navigable waters 
within Sector Ohio Valley's AOR. These events include air shows, 
fireworks displays, and other marine related events requiring a limited 
access area restricting vessel traffic for safety purposes. The current 
list under 33 CFR 165.801 requires amending to provide new information 
on existing safety zones, updating to include new safety zones expected 
to recur annually or biannually, and to remove safety zones that are no 
longer required. Issuing individual regulations for each new safety 
zone, amendment, or removal of an existing safety zone creates 
unnecessary administrative costs and burdens. This single proposed 
rulemaking will considerably reduce administrative overhead and 
provides the public with notice through publication in the Federal 
Register of the upcoming recurring safety zone 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 the Rule

    33 CFR part 165 contains regulations establishing limited access 
areas to restrict vessel traffic for the safety of persons and 
property. Section 165.801 establishes recurring safety zones to 
restrict vessel transit into and through specified areas to protect 
spectators, mariners, and other persons and property from potential 
hazards presented during certain events taking place in Sector Ohio 
Valley's AOR. This section requires amendment from time to time to 
properly reflect the recurring safety zone regulations in Sector Ohio 
Valley's AOR. This proposed rule amends and updates Section 165.801 
replacing the current Table 1 for Sector Ohio Valley.
    Additionally, this proposed rule adds 13 new recurring safety zones 
and removes 6 safety zones.
    Thirteen new recurring safety zones are proposed to be added under 
the new Table 1 of Sec.  165.801 for Sector Ohio Valley, as follows:

----------------------------------------------------------------------------------------------------------------
               Date                        Event/sponsor         Ohio Valley location        Regulated area
----------------------------------------------------------------------------------------------------------------
1 day--Last weekend in June or      Riverview Park              Louisville, KY.......  Ohio River, Mile 618.5-
 first weekend in July.              Independence Festival.                             619.5 (Kentucky).
1 day--First weekend in June......  Bellaire All-American Days  Bellaire, OH.........  Ohio River, Mile 93.5-
                                                                                        94.5 (Ohio).
2 days--Second weekend of June....  Rice's Landing Riverfest..  Rices Landing, PA....  Monongahela River, Mile
                                                                                        68.0-68.8
                                                                                        (Pennsylvania).
1 day--Second full week of August.  PA FOB Fireworks Display..  Pittsburgh, PA.......  Allegheny River, Mile 0.8-
                                                                                        1.0 (Pennsylvania).
1 day--Third week of August.......  Beaver River Regatta        Beaver, PA...........  Ohio River, Mile 25.2-
                                     Fireworks.                                         25.8 (Pennsylvania).
1 day--Fourth or Fifth of July....  City of Cape Girardeau      Cape Girardeau, MO...  Upper Mississippi River,
                                     July 4th Fireworks Show                            Mile 50.0-52.0
                                     on the River.                                      (Missouri).
Last Sunday in May................  Friends of Ironton........  Ironton, OH..........  Ohio River, Mile 326.7-
                                                                                        327.7 (Ohio).
July 4th..........................  Greenup City..............  Greenup, KY..........  Ohio River, Mile 335.2-
                                                                                        336.2 (Kentucky).
July 4th..........................  Middleport Community        Middleport, OH.......  Ohio River, Mile 251.5-
                                     Association.                                       252.5 (Ohio).
Second Saturday in September......  Ohio River Sternwheel       Marietta, OH.........  Ohio River, Mile 171.5-
                                     Festival Committee                                 172.5 (Ohio).
                                     fireworks.
July 4th..........................  People for the Point Party  South Point, OH......  Ohio River, Mile 317-318
                                     in the Park.                                       (Ohio).
1 day--Friday before Thanksgiving.  Kittanning Light Up Night   Kittanning, PA.......  Allegheny River, Mile
                                     Firework Display.                                  44.5-45.5
                                                                                        (Pennsylvania).
First Saturday in October.........  West Virginia Motor Car     Charleston, WV.......  Kanawha River, Mile 58-59
                                     Festival.                                          (West Virginia).
----------------------------------------------------------------------------------------------------------------

    This proposed rule removes the following 6 safety zone regulations 
from the existing Table 1 Part of Sec.  165.801 for Sector Ohio Valley, 
as follows:

----------------------------------------------------------------------------------------------------------------
               Date                        Event/sponsor         Ohio Valley location        Regulated area
----------------------------------------------------------------------------------------------------------------
1 day--July 4th...................  Downtown Henderson Project/ Henderson, KY........  Ohio River, Mile 803.5-
                                     Henderson Independence                             804.5 (Kentucky).
                                     Bank Fireworks.
1 day--First or second weekend in   Zambelli Fireworks/         Louisville, KY.......  Ohio River, Miles 602.0-
 October.                            American Pyrotechnic                               606.0 (Kentucky).
                                     Association Annual
                                     Convention Fireworks
                                     Display.
1 day--July 4th...................  Lake Guntersville Chamber   Guntersville, AL.....  Tennessee River, Mile
                                     of Commerce/Lake                                   356.0-358.0 (Alabama).
                                     Guntersville 4th of July
                                     Celebration.
1 day--July 3rd or the weekend      City of Clarksville/        Clarksville, TN......  Cumberland River, Mile
 before July 3rd if the 3rd is on    Clarksville Independence                           103.0-105.0 (Tennessee).
 a weekday.                          Day Fireworks.
1 day--Labor Day weekend..........  Knoxville Tourism and       Knoxville, TN........  Tennessee River, Mile
                                     Sports Corporation/                                647.0-648.0 (Tennessee).
                                     Boomsday Festival.
1 day--Friday after Thanksgiving..  Chattanooga Presents/Grand  Chattanooga, TN......  Tennessee River, Mile
                                     Illumination.                                      463.0-469.0 (Tennessee).
----------------------------------------------------------------------------------------------------------------


[[Page 11708]]

    The effect of this proposed rule will be to restrict general 
navigation in the safety zone during the event. Vessels intending to 
transit the designated waterway through the safety zone 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. The proposed annually recurring safety zones are necessary to 
provide for the safety of life on navigable waters during the events.

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, therefore a full regulatory evaluation is unnecessary. 
This proposed rule establishes safety zones limiting access to certain 
areas under 33 CFR part 165 within Sector Ohio Valley's AOR. The effect 
of this proposed rulemaking will not be significant because these 
safety zones are limited in scope and duration. Additionally, the 
public is given advance notification through local forms of notice, the 
Federal Register, and/or Notices of Enforcement and thus will be able 
to plan operations around the safety zones in advance. Deviation from 
the safety zones 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 safety zones 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 through 
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 safety zone areas during periods of 
enforcement. The safety zones 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 
safety zones 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 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 
through 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 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 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 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 through 
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 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

[[Page 11709]]

section 2.B.2, figure 2-1, paragraph (34(g) of the Instruction because 
it involves establishment of safety zones. 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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://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 http://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 165

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

    For the reasons discussed in the preamble, the U.S. Coast Guard 
proposes to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Amend Sec.  165.801 by revising table 1 to read as follows:


Sec.  165.801  Annual fireworks displays and other events in the Eighth 
Coast Guard District requiring safety zones.

* * * * *

                 Table 1 of Sec.   165.801--Sector Ohio Valley Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
               Date                        Sponsor/name                Location               Safety zone
----------------------------------------------------------------------------------------------------------------
1. Multiple days--April through     Pittsburgh Pirates/         Pittsburgh, PA.......  Allegheny River, Mile 0.2-
 November.                           Pittsburgh Pirates                                 0.8 (Pennsylvania).
                                     Fireworks.
2. Multiple days--April through     Cincinnati Reds/Cincinnati  Cincinnati, OH.......  Ohio River, Mile 470.1-
 November.                           Reds Season Fireworks.                             470.4; extending 500 ft.
                                                                                        from the State of Ohio
                                                                                        shoreline (Ohio).
3. 2 days--Third Friday and         Thunder Over Louisville/    Louisville, KY.......  Ohio River, Mile 602.0-
 Saturday in April.                  Thunder Over Louisville.                           606.0 (Kentucky).
4. Last Sunday in May.............  Friends of Ironton........  Ironton, OH..........  Ohio River, Mile 326.7-
                                                                                        327.7 (Ohio).
5. 3 days--Third weekend in April.  Henderson Tri-Fest/         Henderson, KY........  Ohio River, Mile 803.5-
                                     Henderson Breakfast Lions                          804.5 (Kentucky).
                                     Club.
6. 1 day--A Saturday in July......  Paducah Parks and           Paducah, KY..........  Ohio River, Mile 934.0-
                                     Recreation Department/                             936.0 (Kentucky).
                                     Cross River Swim.
7. 1 day--First weekend in June...  Bellaire All-American Days  Bellaire, OH.........  Ohio River, Mile 93.5-
                                                                                        94.5 (Ohio).
8. 2 days--Second weekend of June.  Rice's Landing Riverfest..  Rices Landing, PA....  Monongahela River, Mile
                                                                                        68.0-68.8
                                                                                        (Pennsylvania).
9. 1 day--First Sunday in June....  West Virginia Symphony      Charleston, WV.......  Kanawha River, Mile 59.5-
                                     Orchestra/Symphony Sunday.                         60.5 (West Virginia).
10. 1 day--Saturday before 4th of   Riverfest Inc./Saint        St. Albans, WV.......  Kanawha River, Mile 46.3-
 July.                               Albans Riverfest.                                  47.3 (West Virginia).
11. 1 day--4th July...............  Greenup City..............  Greenup, KY..........  Ohio River, Mile 335.2-
                                                                                        336.2 (Kentucky).
12. 1 day--4th July...............  Middleport Community        Middleport, OH.......  Ohio River, Mile 251.5-
                                     Association.                                       252.5 (Ohio).
13. 1 day--4th July...............  People for the Point Party  South Point, OH......  Ohio River, Mile 317-318
                                     in the Park.                                       (Ohio).
14. 1 day--Last weekend in June or  Riverview Park              Louisville, KY.......  Ohio River, Mile 618.5-
 first weekend in July.              Independence Festival.                             619.5 (Kentucky).
15. 1 day--Third or fourth week in  Upper Ohio Valley Italian   Wheeling, WV.........  Ohio River, Mile 90.0-
 July.                               Heritage Festival/Upper                            90.5 (West Virginia).
                                     Ohio Valley Italian
                                     Heritage Festival
                                     Fireworks.
16. 1 day--4th or 5th of July.....  City of Cape Girardeau      Cape Girardeau, MO...  Upper Mississippi River,
                                     July 4th Fireworks Show                            Mile 50.0-52.0.
                                     on the River.
17. 1 day--Third or fourth of July  Harrah's Casino/Metropolis  Metropolis, IL.......  Ohio River, Mile 942.0-
                                     Fireworks.                                         945.0 (Illinois).
18. 1 day--During the first week    Louisville Bats Baseball    Louisville, KY.......  Ohio River, Mile 603.0-
 of July.                            Club/Louisville Bats                               604.0 (Kentucky).
                                     Firework Show.
19. 1 day--July 4th...............  Waterfront Independence     Louisville, KY.......  Ohio River, Mile 603.0-
                                     Festival/Louisville                                604.0 (Kentucky).
                                     Orchestra Waterfront 4th.
20. 1 day--During the first week    Celebration of the          Owensboro, KY........  Ohio River, Mile 755.0-
 of July.                            American Spirit Fireworks/                         759.0 (Kentucky).
                                     All American 4th of July.

[[Page 11710]]

 
21. 1 day--During the first week    Riverfront Independence     New Albany, IN.......  Ohio River, Mile 602.0-
 of July.                            Festival Fireworks.                                603.5 (Indiana).
22. 1 day--July 4th...............  Shoals Radio Group/Spirit   Florence, AL.........  Tennessee River, Mile
                                     of Freedom Fireworks.                              255.0-257.0 (Alabama).
23. 1 day--Saturday before July     Town of Cumberland City/    Cumberland City, TN..  Cumberland River, Mile
 4th.                                Lighting up the                                    103.0-105.0 (Tennessee).
                                     Cumberlands Fireworks.
24. 1 day--July 4th...............  Knoxville office of         Knoxville, TN........  Tennessee River, Mile
                                     Special Events/Knoxville                           647.0-648.0 (Tennessee).
                                     July 4th Fireworks.
25. 1 day--July 4th...............  NCVC/Music City July 4th..  Nashville, TN........  Cumberland River, Mile
                                                                                        190.0-192.0 (Tennessee).
26. 1 day--Saturday before July     Grand Harbor Marina/Grand   Counce, TN...........  Tennessee-Tombigbee
 4th, or Saturday after July 4th.    Harbor Marina July 4th                             Waterway, Mile 450.0-
                                     Celebration.                                       450.5 (Tennessee).
27. 1 day--Second Saturday in July  City of Bellevue, KY/       Bellevue, KY.........  Ohio River, Mile 468.2-
                                     Bellevue Beach Park                                469.2 (Kentucky and
                                     Concert Fireworks.                                 Ohio).
28. 1 day--Sunday before Labor Day  Cincinnati Bell, WEBN, and  Cincinnati, OH.......  Ohio River, Mile 469.2-
                                     Proctor and Gamble/                                470.5 (Kentucky and
                                     Riverfest.                                         Ohio).
29. 1 day--July 4th...............  Summer Motions Inc./Summer  Ashland, KY..........  Ohio River, Mile 322.1-
                                     Motion.                                            323.1 (Kentucky).
30. 1 day--Last weekend in June or  City of Point Pleasant/     Point Pleasant, WV...  Ohio River, Mile 265.2-
 First weekend in July.              Point Pleasant Sternwheel                          266.2 (West Virginia).
                                     Fireworks.
31. 1 day--July 3rd or 4th........  City of Charleston/City of  Charleston, WV.......  Kanawha River, Mile 58.1-
                                     Charleston Independence                            59.1 (West Virginia).
                                     Day Celebration.
32. 1 day--July 4th...............  Civic Forum/Civic Forum     Portsmouth, OH.......  Ohio River, Mile 355.5-
                                     4th of July Celebration.                           356.5 (Ohio).
33. 1 day--Second Saturday in       Guyasuta Days Festival/     Pittsburgh, PA.......  Allegheny River, Mile
 August.                             Borough of Sharpsburg.                             005.5-006.0
                                                                                        (Pennsylvania).
34. 1 day--Third week in October..  Pittsburgh Foundation/Bob   Pittsburgh, PA.......  Ohio River, Mile 0.0-0.5
                                     O'Connor Cookie Cruise.                            (Pennsylvania).
35. 1 day--Second full week of      PA FOB Fireworks Display..  Pittsburgh, PA.......  Allegheny River, Mile 0.8-
 August.                                                                                1.0 (Pennsylvania).
36. 1 day--Third week of August...  Beaver River Regatta        Beaver, PA...........  Ohio River, Mile 25.2-
                                     Fireworks.                                         25.8 (Pennsylvania).
37. 1 day--December 31............  Pittsburgh Cultural Trust/  Pittsburgh, PA.......  Allegheny River Mile, 0.5-
                                     Highmark First Night                               1.0 (Pennsylvania).
                                     Pittsburgh.
38. 1 day--Friday before            Pittsburgh Downtown         Pittsburgh, PA.......  Allegheny River, Mile 0.0-
 Thanksgiving.                       Partnership/Light Up                               1.0 (Pennsylvania).
                                     Night.
39. Multiple days--April through    Pittsburgh Riverhounds/     Pittsburgh, PA.......  Monongahela River, Mile
 November.                           Riverhounds Fireworks.                             0.22-0.77.
                                                                                        (Pennsylvania).
40. 3 days--Second or third         Hadi Shrine/Evansville      Evansville, IN.......  Ohio River, Miles 791.0-
 weekend in June.                    Freedom Festival Air Show.                         795.0 (Indiana).
41. 1 day--Second or third          Friends of the Festival,    Chattanooga, TN......  Tennessee River, Mile
 Saturday in June, the last day of   Inc./Riverbend Festival                            463.5-464.5 (Tennessee).
 the Riverbend Festival.             Fireworks.
42. 2 days--Second Friday and       City of Newport, KY/        Newport, KY..........  Ohio River, Miles 469.6-
 Saturday in June.                   Italianfest.                                       470.0 (Kentucky and
                                                                                        Ohio).
43. 1 day--Last Saturday in June..  City of Aurora/Aurora       Aurora, IN...........  Ohio River Mile, 496.7;
                                     Firecracker Festival.                              1400 ft. radius from the
                                                                                        Consolidated Grain Dock
                                                                                        located along the State
                                                                                        of Indiana shoreline at
                                                                                        (Indiana and Kentucky).
44. 1 day--second weekend in June.  City of St. Albans/St.      St. Albans, WV.......  Kanawha River, Mile 46.3-
                                     Albans Town Fair.                                  47.3 (West Virginia).
45. 1 day--Saturday before July     PUSH Beaver County/Beaver   Beaver, PA...........  Ohio River, Mile 24.0-
 4th.                                County Boom.                                       25.6 (Pennsylvania).
46. 1 day--4th of July (Rain date-- Monongahela Area Chamber    Monongahela, PA......  Monongahela River, Mile
 July 5th).                          of Commerce/Monongahela                            032.0-033.0
                                     4th of July Celebration.                           (Pennsylvania).
47. 1 day--Saturday Third or        Oakmont Yacht Club/Oakmont  Oakmont, PA..........  Allegheny River, Mile
 Fourth full week of July (Rain      Yacht Club Fireworks.                              12.0-12.5
 date--following Sunday).                                                               (Pennsylvania).
48. 1 day--Week of July 4th.......  Three Rivers Regatta        Pittsburgh, PA.......  Ohio River, Mile 0.0-0.5,
                                     Fireworks/EQT 4th of July                          Allegheny River, Mile
                                     Celebration.                                       0.0-0.5, and Monongahela
                                                                                        River, Mile 0.0-0.5
                                                                                        (Pennsylvania).
49. 1 day--3rd or 4th of July.....  City of Paducah, KY.......  Paducah, KY..........  Ohio River, Mile 934.0-
                                                                                        936.0; Tennessee River,
                                                                                        mile 0.0--1.0
                                                                                        (Kentucky).
50. 1 day--3rd or 4th of July.....  City of Hickman, KY.......  Hickman, KY..........  Lower Mississippi River,
                                                                                        Mile 921.0-923.0
                                                                                        (Kentucky).
51. 1 day--During the first week    Evansville Freedom          Evansville, IN.......  Ohio River, Miles 791.0-
 of July.                            Celebration.                                       795.0 (Indiana).
52. 3 days--One of the first two    Madison Regatta, Inc./      Madison, IN..........  Ohio River, Miles 555.0-
 weekends in July.                   Madison Regatta.                                   560.0 (Indiana).

[[Page 11711]]

 
53. 1 day--July 4th...............  Cities of Cincinnati, OH    Newport, KY..........  Ohio River, Miles 469.6-
                                     and Newport, KY/July 4th                           470.2 (Kentucky and
                                     Fireworks.                                         Ohio).
54. 2 days--second weekend in July  Marietta Riverfront Roar/   Marietta, OH.........  Ohio River, Mile 171.6-
                                     Marietta Riverfront Roar.                          172.6 (Ohio).
55. 1 day--1st weekend in July....  Gallia County Chamber of    Gallipolis, OH.......  Ohio River, Mile 269.5-
                                     Commerce/Gallipolis River                          270.5 (Ohio).
                                     Recreation Festival.
56. 1 day--July 4th...............  Kindred Communications/     Huntington, WV.......  Ohio River, Mile 307.8-
                                     Dawg Dazzle.                                       308.8 (West Virginia).
57. 1 day--Last weekend in August.  Swiss Wine Festival/Swiss   Ghent, KY............  Ohio River, Mile 537
                                     Wine Festival Fireworks                            (Kentucky).
                                     Show.
58. 1 day--Saturday of Labor Day    University of Pittsburgh    Pittsburgh, PA.......  Allegheny River, Mile 0.0-
 weekend.                            Athletic Department/                               0.25 (Pennsylvania).
                                     University of Pittsburgh
                                     Fireworks.
59. Sunday, Monday, or Thursday     Pittsburgh Steelers         Pittsburgh, PA.......  Ohio River, Mile 0.3-
 from September through January.     Fireworks.                                         Allegheny River, Mile
                                                                                        0.2 (Pennsylvania).
60. 3 days--Third weekend in        Wheeling Heritage Port      Wheeling, WV.........  Ohio River, Mile 90.2-
 September.                          Sternwheel Festival                                90.7 (West Virginia).
                                     Foundation/Wheeling
                                     Heritage Port Sternwheel
                                     Festival.
61. 1 day--Second Saturday in       Ohio River Sternwheel       Marietta, OH.........  Ohio River, Mile 171.5-
 September.                          Festival Committee                                 172.5 (Ohio).
                                     fireworks.
62. 1 day--Second weekend of        Leukemia and Lymphoma       Nashville, TN........  Cumberland River, Mile
 October.                            Society/Light the Night                            190.0-192.0 (Tennessee).
                                     Walk Fireworks.
63. 1 day--First Saturday in        West Virginia Motor Car     Charleston, WV.......  Kanawha River, Mile 58-59
 October.                            Festival.                                          (West Virginia).
64. 1 day--Friday before            Kittanning Light Up Night   Kittanning, PA.......  Allegheny River, Mile
 Thanksgiving.                       Firework Display.                                  44.5-45.5
                                                                                        (Pennsylvania).
65. 1 day--First week in October..  Leukemia & Lymphoma         Pittsburgh, PA.......  Ohio River, Mile 0.0-0.4
                                     Society/Light the Night.                           (Pennsylvania).
66. 1 day--Friday before            Duquesne Light/Santa        Pittsburgh, PA.......  Monongahela River, Mile
 Thanksgiving.                       Spectacular.                                       0.00-0.22, Allegheny
                                                                                        River, Mile 0.00-0.25,
                                                                                        and Ohio River, Mile 0.0-
                                                                                        0.3 (Pennsylvania).
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: January 5, 2016.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-05032 Filed 3-4-16; 8:45 am]
BILLING CODE 9110-04-P