Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update, 15666-15671 [2017-06230]

Download as PDF 15666 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules 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 (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 involves a special local regulated area that would prohibit entry to unauthorized vessels. Normally such actions are categorically excluded from further review under paragraph 34(h) of Figure 2–1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 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 VerDate Sep<11>2014 17:18 Mar 29, 2017 Jkt 241001 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 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, and Waterways. For the reasons discussed in the preamble, the 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. Add § 100.35T08–0012 to read as follows: ■ § 100.35T08–0012 Special Local Regulation; Cumberland River Mile 189.0 to Mile 193.0; Nashville, TN. (a) Location. All waters of the Cumberland River beginning at mile marker 189.0 and ending at mile marker 193.0 at Nashville, TN. (b) Enforcement periods. This section will be enforced from 11 a.m. until 6 p.m. on May 13, 4 a.m. until 6 p.m. on May 14, and 4 a.m. until 3 p.m. on May 15, 2017. The Captain of the Port Ohio Valley or a designated representative will inform the public through broadcast notice to mariners of the enforcement period for this special local regulation. (c) Special Local Regulations. (1) In accordance with the general regulations in § 100.801 of this part, entry into this area is prohibited unless authorized by the Captain of the Port Ohio Valley or a designated representative. (2) Persons or vessels requiring entry into or passage through the area must request permission from the Captain of the Port Ohio Valley or a designated representative. U.S. Coast Guard Sector Ohio Valley may be contacted on VHF Channel 13 or 16, or at 1–800–253– 7465. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 Dated: March 13, 2017. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2017–06278 Filed 3–29–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0011] 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. This informs the public of regularly scheduled events that require additional safety measures through establishing a safety zone. Through this 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. When these safety zones are enforced, vessel traffic is restricted from the specified areas. Additionally, this 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. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before May 1, 2017. ADDRESSES: You may submit comments identified by docket number USCG– 2017–0011 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. SUMMARY: 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: FOR FURTHER INFORMATION CONTACT: E:\FR\FM\30MRP1.SGM 30MRP1 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Ohio Valley DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Captain of the Port Ohio Valley (COTP) proposes to amend 33 CFR 165.801 to update our regulations for annual fireworks displays and other events in the Eighth Coast Guard District requiring safety zones with respect to those in Sector Ohio Valley The current list of annual and recurring safety zones occurring in Sector Ohio Valley’s is published under 33 CFR 165.801 in Table no. 1 for annual safety zones in the COTP Ohio Valley zone. The most recent list was created June 14, 2016 through the rulemaking 81 FR 38595. The Coast Guard proposed to amend and update 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 in 33 CFR 165.801 needs to be amended to provide new information on existing safety zones, and 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 provide 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. The Coast Guard will address all public comments accordingly, whether through response, 15667 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. III. Discussion of the Proposed Rule Part 165 of 33 CFR 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 § 165.801 by revising the current table for Sector Ohio Valley. Additionally, this proposed rule adds 5 new recurring safety zones and removes 1 safety zone as follows: Five added under the revised table for Sector Ohio Valley. Date Event/sponsor Ohio Valley location 1 day—During the first two weeks of July. 1 day—Saturday before Memorial Day City of Maysville Fireworks ................... Maysville, KY ........ Ohio River, Mile 408–409 (Kentucky). Venture Outdoors/Venture Festival. Outdoors Pittsburgh, PA ....... 1 day—Third Saturday in July ............... Pittsburgh Irish Rowing Club/St. Brendan’s Cup Currach Regatta. Wellsburg 4th of July Committee/ Wellsburg 4th of July Freedom Celebration. Newburgh Fireworks Display ................ Pittsburgh, PA ....... Allegheny River, Mile 0.0–0.25; Monongahela River, Mile 0.0–0.25 (Pennsylvania). Ohio River, Mile 7.0–9.0 (Pennsylvania). Ohio River, Mile 73.5–74.5 (West Virginia). 1 day—July 4th ...................................... 1 day—During the first week of July ..... Wellsburg, WV ...... Regulated area Newburgh, IN ........ Ohio River, Mile 777.3–778.3 (Indiana). Regulated area This proposed rule removes the following safety zone regulation from § 165.801: Event/sponsor Ohio Valley location 1 day—Last weekend in August ........... asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Date Swiss Wine Festival/Swiss Wine Festival Fireworks Show. Ghent, KY ............. The effect of this proposed rule would be to restrict general navigation in the safety zone during the events. Vessels intending to transit the designated waterway through the safety zone will only be allowed to transit the area when COTP, or a designated representative, has deemed it safe to do so or at the completion of the event. The proposed annually recurring safety zones are VerDate Sep<11>2014 17:18 Mar 29, 2017 Jkt 241001 necessary to provide for the safety of life on navigable waters during the events. IV. Regulatory Analyses We developed this 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. PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 Ohio River, Mile 537 (Kentucky). A. Regulatory Planning and Review Regulatory Costs’’ (February 2, 2017). A regulatory analysis (RA) follows. 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 E:\FR\FM\30MRP1.SGM 30MRP1 15668 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules asabaliauskas on DSK3SPTVN1PROD with PROPOSALS and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This 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 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 Broadcast Notices to Mariners and Local Notices to Mariners will also inform the community of these safety zones. Vessel traffic may request permission from the COTP 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. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this 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. 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. VerDate Sep<11>2014 17:18 Mar 29, 2017 Jkt 241001 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 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. 1531–1538) 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 section 2.B.2, figure 2–1, paragraph PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 34(g) of the Instruction because it involves the 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, visit http:// www.regulations.gov/privacyNotice. 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: E:\FR\FM\30MRP1.SGM 30MRP1 15669 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules 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. In § 165.801, revise the first table to read as follows: ■ § 165.801 Annual Fireworks displays and other events in the Eighth Coast Guard District recurring safety zones. * * * * * TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES Date Sponsor/name Sector Ohio Valley location 1. Multiple days—April through November. 2. Multiple days—April through November. 3. 2 days—Third Friday and Saturday in April. 4. Last Sunday in May ...... 5. 1 day—A Saturday in July. 6. 1 day—First or second weekend in June. 7. 2 days—Second weekend of June. 8. 1 day—First Sunday in June. 9. 1 day—Saturday before 4th of July. 10. 1 day—4th July ........... 11. 1 day—4th July ........... 12. 1 day—4th July ........... 13. 1 day—Last weekend in June or first weekend in July. 14. 1 day—Third or fourth week in July. 15. 1 day—4th or 5th of July. 16. 1 day—Third or fourth of July. 17. 1 day—During the first week of July. 18. 1 day—July 4th ........... Pittsburgh Pirates/Pittsburgh Pirates Fireworks ........ Pittsburgh, PA .................. Allegheny River, Mile 0.2–0.9 (Pennsylvania). Cincinnati Reds/Cincinnati Reds Season Fireworks Cincinnati, OH .................. Thunder Over Louisville/Thunder Over Louisville ...... Louisville, KY ................... 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). Friends of Ironton ....................................................... Paducah Parks and Recreation Department/Cross River Swim. Bellaire All-American Days ........................................ Ironton, OH ...................... Paducah, KY .................... Ohio River, Mile 326.7–327.7 (Ohio). Ohio River, Mile 934.0–936.0 (Kentucky). Bellaire, OH ..................... Ohio River, Mile 93.5–94.5 (Ohio). Rice’s Landing Riverfest ............................................ Rices Landing, PA ........... Monongahela River, Mile 68.0–68.8 (Pennsylvania). West Virginia Symphony Orchestra/Symphony Sunday. Riverfest Inc./Saint Albans Riverfest ......................... Charleston, WV ................ Kanawha River, Mile 59.5–60.5 (West Virginia). St. Albans, WV ................ Kanawha River, Mile 46.3–47.3 (West Virginia). Greenup City .............................................................. Middleport Community Association ............................ People for the Point Party in the Park ....................... Riverview Park Independence Festival ...................... Greenup, KY .................... Middleport, OH ................. South Point, OH ............... Louisville, KY ................... Ohio Ohio Ohio Ohio 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 ....................... Wheeling, WV .................. Ohio River, Mile 90.0–90.5 (West Virginia). Cape Girardeau, MO ....... Upper Mississippi River, Mile 50.0–52.0. Metropolis, IL ................... Ohio River, Mile 942.0–945.0 (Illinois). Louisville, KY ................... Ohio River, Mile 603.0–604.0 (Kentucky). Louisville, KY ................... Ohio River, Mile 603.0–604.0 (Kentucky). Owensboro, KY ................ Ohio River, Mile 755.0–759.0 (Kentucky). New Albany, IN ................ Ohio River, Mile 602.0–603.5 (Indiana). Florence, AL .................... Cumberland City, TN ....... Tennessee River, Mile 255.0–257.0 (Alabama). Cumberland River, Mile 103.0–105.0 (Tennessee). Knoxville, TN .................... Tennessee River, Mile 647.0–648.0 (Tennessee). Nashville, TN ................... Counce, TN ...................... Cumberland River, Mile 190.0–192.0 (Tennessee). Tennessee-Tombigbee Waterway, Mile 450.0–450.5 (Tennessee). Bellevue, KY .................... Ohio River, Mile 468.2–469.2 (Kentucky and Ohio). Cincinnati, OH .................. Ohio River, Mile 469.2–470.5 (Kentucky and Ohio) and Licking River Mile 0.0–3.0 (Kentucky). Ohio River, Mile 322.1–323.1 (Kentucky). Ohio River, Mile 265.2–266.2, Kanawha River Mile 0.0–0.5 (West Virginia). 19. 1 day—During the first week of July. 20. 1 day—During the first week of July. 21. 1 day—July 4th ........... 22. 1 day—Saturday before July 4th. 23. 1 day—July 4th ........... asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 24. 1 day—July 4th ........... 25. 1 day—Saturday before July 4th, or Saturday after July 4th. 26. 1 day—Second Saturday in July. 27. 1 day—Sunday before Labor Day. 28. 1 day—July 4th ........... 29. 1 day—Last weekend in June or First weekend in July. 30. 1 day—July 3rd or 4th 31. 1 day—July 4th ........... 32. 1 day—Second Saturday in August. 33. 1 day— Second or third week of August. 34. 1 day—Second full week of August. 35. 1 day—Third week of August. 36. 1 day—December 31 .. 37. 1 day—Friday before Thanksgiving. 38. Multiple days—April through November. VerDate Sep<11>2014 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. 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 .......................................... 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 ...................... City of Point Pleasant/Point Pleasant Sternwheel Fireworks. Ashland, KY ..................... Point Pleasant, WV .......... Safety zone River, River, River, River, Mile Mile Mile Mile 335.2–336.2 (Kentucky). 251.5–252.5 (Ohio). 317–318 (Ohio). 618.5–619.5 (Kentucky). City of Charleston/City of Charleston Independence Day Celebration. Civic Forum/Civic Forum 4th of July Celebration ...... Guyasuta Days Festival/Borough of Sharpsburg ...... Charleston, WV ................ Kanawha River, Mile 58.1–59.1 (West Virginia). Portsmouth, OH ............... Pittsburgh, PA .................. Ohio River, Mile 355.5–356.5 (Ohio). Allegheny River, Mile 005.5–006.0 (Pennsylvania). Pittsburgh Foundation/Bob O’Connor Cookie Cruise Pittsburgh, PA .................. Ohio River, Mile 0.0–0.5 (Pennsylvania). PA FOB Fireworks Display ........................................ Pittsburgh, PA .................. Allegheny River, Mile 0.8–1.0 (Pennsylvania). Beaver River Regatta Fireworks ................................ Beaver, PA ....................... Ohio River, Mile 25.2–25.8 (Pennsylvania). Pittsburgh Cultural Trust/Highmark First Night Pittsburgh. Pittsburgh Downtown Partnership/Light Up Night ..... Pittsburgh, PA .................. Allegheny River Mile, 0.5–1.0 (Pennsylvania). Pittsburgh, PA .................. Allegheny River, Mile 0.0–1.0 (Pennsylvania). Pittsburgh Riverhounds/Riverhounds Fireworks ........ Pittsburgh, PA .................. Monongahela River, Mile 0.22–0.77 (Pennsylvania). 17:18 Mar 29, 2017 Jkt 241001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\30MRP1.SGM 30MRP1 15670 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued Date Sponsor/name Sector Ohio Valley location 39. 3 days—Second or third weekend in June. 40. 1 day—Second or third Saturday in June, the last day of the Riverbend Festival. 41. 2 days—Second Friday and Saturday in June. 42. 1 day—Last Saturday in June. Hadi Shrine/Evansville Freedom Festival Air Show .. Evansville, IN ................... Ohio River, Miles 791.0–795.0 (Indiana). Friends of the Festival, Inc./Riverbend Festival Fireworks. Chattanooga, TN ............. Tennessee River, Mile 463.5–464.5 (Tennessee). City of Newport, KY/Italianfest ................................... Newport, KY ..................... Ohio River, Miles 469.6–470.0 (Kentucky and Ohio). City of Aurora/Aurora Firecracker Festival ................ Aurora, IN ........................ 43. 1 day—second weekend in June. 44. 1 day—Last week of June or first week of July. 45. 1 day—4th of July (Rain date—July 5th). 46. 1 day—Saturday Third or Fourth full week of July (Rain date—following Sunday). 47. 1 day—Week of July 4th. City of St. Albans/St. Albans Town Fair .................... St. Albans, WV ................ 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). PUSH Beaver County/Beaver County Boom ............. Beaver, PA ....................... Ohio River, Mile 25.2–25.6 (Pennsylvania). Monongahela Area Chamber of Commerce/ Monongahela 4th of July Celebration. Oakmont Yacht Club/Oakmont Yacht Club Fireworks Monongahela, PA ............ Monongahela River, Mile 032.0–033.0 (Pennsylvania). Allegheny River, Mile 12.0–12.5 (Pennsylvania). Three Rivers Regatta Fireworks/EQT 4th of July Celebration. Pittsburgh, PA .................. 48. 1 day—3rd or 4th of July. 49. 1 day—3rd or 4th of July. 50. 1 day—During the first week of July. 51. 1 day—One of the first two weekends in July. 52. 1 day—July 4th ........... City of Paducah, KY ................................................... Paducah, KY .................... City of Hickman, KY ................................................... Hickman, KY .................... Evansville Freedom Celebration/4th of July Fireworks. Madison Regatta, Inc./Madison Regatta .................... Evansville, 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). Madison, IN ...................... Ohio River, Miles 555.0–560.0 (Indiana). Newport, KY ..................... Ohio River, Miles 469.6–470.2 (Kentucky and Ohio). Marietta, OH .................... Ohio River, Mile 171.6–172.6 (Ohio). Gallipolis, OH ................... Ohio River, Mile 269.5–270.5 (Ohio). Huntington, WV ................ Pittsburgh, PA .................. Ohio River, Mile 307.8–308.8 (West Virginia). Ohio River mile 0.0–0.1, Monongahela River mile 0.0–0.1, Allegheny River mile 0.0–0.25 (Pennsylvania). Allegheny River mile 0.0–0.25, Ohio River mile 0.0– 0.1, Monongahela River mile 0.0–0.1. 53. 2 days—second weekend in July. 54. 1 day—1st weekend in July. 55. 1 day—July 4th ........... 56. Multiple days-September through January. 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 ..................... University of Pittsburgh Athletic Department/University of Pittsburgh Fireworks. Oakmont, PA ................... Safety zone asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 57. Sunday, Monday, or Thursday from August through February. 58. 3 days—Third week in September. 59. 1 day—Second Saturday in September. 60. 1 day—Second weekend of October. 61. 1 day—Saturday during the first week of October. 62. 1 day—Friday before Thanksgiving. 63. 1 day—First week in October. 64. 1 day—Friday before Thanksgiving. Pittsburgh Steelers Fireworks .................................... Pittsburgh, PA .................. Wheeling Heritage Port Sternwheel Festival Foundation/Wheeling Heritage Port Sternwheel Festival. Ohio River Sternwheel Festival Committee fireworks Wheeling, WV .................. Ohio River, Mile 90.2–90.7 (West Virginia). Marietta, OH .................... Ohio River, Mile 171.5–172.5 (Ohio). Leukemia and Lymphoma Society/Light the Night Walk Fireworks. West Virginia Motor Car Festival ............................... Nashville, TN ................... Cumberland River, Mile 190.0–192.0 (Tennessee). Charleston, WV ................ Kanawha River, Mile 58–59 (West Virginia). Kittanning Light Up Night Firework Display ............... Kittanning, PA .................. Allegheny River, Mile 44.5–45.5 (Pennsylvania). Leukemia & Lymphoma Society/Light the Night ........ Pittsburgh, PA .................. Ohio River, Mile 0.0–0.4 (Pennsylvania). Duquesne Light/Santa Spectacular ........................... Pittsburgh, PA .................. 65. 1 day—During the first two weeks of July. 66. 1 day—Saturday before Memorial Day. 67. 1 day—Third Saturday in July. 68. 1 day—July 4th ........... City of Maysville Fireworks ........................................ Maysville, KY ................... Monongahela River, Mile 0.00–0.22, Allegheny River, Mile 0.00–0.25, and Ohio River, Mile 0.0– 0.3 (Pennsylvania). Ohio River, Mile 408–409 (Kentucky). Venture Outdoors/Venture Outdoors Festival ............ Pittsburgh, PA .................. Pittsburgh Irish Rowing Club/St. Brendan’s Cup Currach Regatta. Wellsburg 4th of July Committee/Wellsburg 4th of July Freedom Celebration. Newburgh Fireworks Display ..................................... Pittsburgh, PA .................. Allegheny River, Mile 0.0–0.25; Monongahela River, Mile 0.0–0.25 (Pennsylvania). Ohio River, Mile 7.0–9.0 (Pennsylvania). Wellsburg, WV ................. Ohio River, Mile 73.5–74.5 (West Virginia). Newburgh, IN ................... Ohio River, Mile 777.3–778.3 (Indiana). Henderson Tri-Fest/Henderson Breakfast Lions Club Henderson, KY ................ Ohio River, Mile 803.5–804.5 (Kentucky). 69. 1 day—During the first week of July. 70. 3 days—Third or Fourth weekend in April. VerDate Sep<11>2014 17:18 Mar 29, 2017 Jkt 241001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\30MRP1.SGM 30MRP1 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Proposed Rules Dated: March 23, 2017. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2017–06230 Filed 3–29–17; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2014–0604; FRL–9958–73– Region 1] Air Plan Approval; VT; Infrastructure State Implementation Plan Requirements Environmental Protection Agency. ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve elements of State Implementation Plan (SIP) submissions from Vermont regarding the infrastructure requirements of the Clean Air Act (CAA or Act) for the 1997 fine particle matter (PM2.5), 1997 ozone, 2006 PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). We also are proposing to approve two statutes and one Executive Order submitted by Vermont in support of its demonstration that the infrastructure requirements of the CAA have been met. In addition, we are conditionally approving certain elements of Vermont’s submittals relating to prevention of significant deterioration (PSD) requirements. Last, we are proposing to update the classification for two of Vermont’s air quality control regions for SO2 based on recent air quality monitoring data collected by the state, which will grant the state an exemption from the infrastructure SIP contingency plan obligation for SO2. The infrastructure requirements are designed to ensure that the structural components of each state’s air quality management program are adequate to meet the state’s responsibilities under the CAA. DATES: Comments must be received on or before May 1, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R01– OAR–2014–0604, at www.regulations.gov, or via email to arnold.anne@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from asabaliauskas on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:18 Mar 29, 2017 Jkt 241001 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 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 https://www.epa.gov/dockets/ commenting-epa-dockets. Publicly available docket materials are available either electronically in www.regulations.gov or at the U.S. Environmental Protection Agency, Region 1, Air Programs Branch, 5 Post Office Square, Boston, Massachusetts. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05–02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109–3912; (617) 918– 1684; simcox.alison@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. What should I consider as I prepare my comments for EPA? II. What is the background of these SIP submissions? A. What Vermont SIP submissions does this rulemaking address? B. Why did the state make these SIP submissions? C. What is the scope of this rulemaking? III. What guidance is EPA using to evaluate these SIP submissions? IV. What is the result of EPA’s review of these SIP submissions? A. Section 110(a)(2)(A)—Emission Limits and Other Control Measures. B. Section 110(a)(2)(B)—Ambient Air Quality Monitoring/Data System. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 15671 C. Section 110(a)(2)(C)—Program for Enforcement of Control Measures and for Construction or Modification of Stationary Sources. D. Section 110(a)(2)(D)—Interstate Transport. E. Section 110(a)(2)(E)—Adequate Resources. F. Section 110(a)(2)(F)—Stationary Source Monitoring System. G. Section 110(a)(2)(G)—Emergency Powers. H. Section 110(a)(2)(H)—Future SIP Revisions. I. Section 110(a)(2)(I)—Nonattainment Area Plan or Plan Revisions Under Part D. J. Section 110(a)(2)(J)—Consultation With Government Officials; Public Notifications; Prevention of Significant Deterioration; Visibility Protection. K. Section 110(a)(2)(K)—Air Quality Modeling/Data. L. Section 110(a)(2)(L)—Permitting Fees. M. Section 110(a)(2)(M)—Consultation/ Participation by Affected Local Entities. N. Vermont Statute and Executive Order Submitted for Incorporation Into the SIP V. What action is EPA taking? VI. Incorporation by Reference VII. Statutory and Executive Order Reviews I. What should I consider as I prepare my comments for EPA? When submitting comments, remember to: 1. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date, and page number). 2. Follow directions—EPA may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. 3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. 4. Describe any assumptions and provide any technical information and/ or data that you used. 5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. 6. Provide specific examples to illustrate your concerns, and suggest alternatives. 7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. 8. Make sure to submit your comments by the comment period deadline identified. II. What is the background of these SIP submissions? A. What Vermont SIP submissions does this rulemaking address? This rulemaking addresses submissions from the Vermont Department of Environmental E:\FR\FM\30MRP1.SGM 30MRP1

Agencies

[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Proposed Rules]
[Pages 15666-15671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06230]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0011]
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. This informs the public of regularly scheduled 
events that require additional safety measures through establishing a 
safety zone. Through this 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. When these safety zones are 
enforced, vessel traffic is restricted from the specified areas. 
Additionally, this 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. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 1, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0011 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: 

[[Page 15667]]

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Captain of the Port Ohio Valley (COTP) proposes to amend 33 CFR 
165.801 to update our regulations for annual fireworks displays and 
other events in the Eighth Coast Guard District requiring safety zones 
with respect to those in Sector Ohio Valley
    The current list of annual and recurring safety zones occurring in 
Sector Ohio Valley's is published under 33 CFR 165.801 in Table no. 1 
for annual safety zones in the COTP Ohio Valley zone. The most recent 
list was created June 14, 2016 through the rulemaking 81 FR 38595.
    The Coast Guard proposed to amend and update 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 in 33 CFR 165.801 needs to be amended to provide new information 
on existing safety zones, and 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 provide 
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. The Coast Guard will address all public 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.

III. Discussion of the Proposed Rule

    Part 165 of 33 CFR 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 Sec.  165.801 by 
revising the current table for Sector Ohio Valley.
    Additionally, this proposed rule adds 5 new recurring safety zones 
and removes 1 safety zone as follows:
    Five added under the revised table for Sector Ohio Valley.

----------------------------------------------------------------------------------------------------------------
                Date                     Event/sponsor          Ohio Valley  location          Regulated area
----------------------------------------------------------------------------------------------------------------
1 day--During the first two weeks    City of Maysville      Maysville, KY................  Ohio River, Mile 408-
 of July.                             Fireworks.                                            409 (Kentucky).
1 day--Saturday before Memorial Day  Venture Outdoors/      Pittsburgh, PA...............  Allegheny River, Mile
                                      Venture Outdoors                                      0.0-0.25;
                                      Festival.                                             Monongahela River,
                                                                                            Mile 0.0-0.25
                                                                                            (Pennsylvania).
1 day--Third Saturday in July......  Pittsburgh Irish       Pittsburgh, PA...............  Ohio River, Mile 7.0-
                                      Rowing Club/St.                                       9.0 (Pennsylvania).
                                      Brendan's Cup
                                      Currach Regatta.
1 day--July 4th....................  Wellsburg 4th of July  Wellsburg, WV................  Ohio River, Mile 73.5-
                                      Committee/Wellsburg                                   74.5 (West
                                      4th of July Freedom                                   Virginia).
                                      Celebration.
1 day--During the first week of      Newburgh Fireworks     Newburgh, IN.................  Ohio River, Mile
 July.                                Display.                                              777.3-778.3
                                                                                            (Indiana).
----------------------------------------------------------------------------------------------------------------

    This proposed rule removes the following safety zone regulation 
from Sec.  165.801:

----------------------------------------------------------------------------------------------------------------
                Date                     Event/sponsor          Ohio Valley  location          Regulated area
----------------------------------------------------------------------------------------------------------------
1 day--Last weekend in August......  Swiss Wine Festival/   Ghent, KY....................  Ohio River, Mile 537
                                      Swiss Wine Festival                                   (Kentucky).
                                      Fireworks Show.
----------------------------------------------------------------------------------------------------------------

    The effect of this proposed rule would be to restrict general 
navigation in the safety zone during the events. Vessels intending to 
transit the designated waterway through the safety zone will only be 
allowed to transit the area when COTP, or a 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 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

    Regulatory Costs'' (February 2, 2017). A regulatory analysis (RA) 
follows. 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

[[Page 15668]]

and benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This 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 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 Broadcast Notices to 
Mariners and Local Notices to Mariners will also inform the community 
of these safety zones. Vessel traffic may request permission from the 
COTP 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator. Under section 213(a) of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 
104-121), we want to assist small entities in understanding this 
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. 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-
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. 1531-1538) 
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 section 2.B.2, figure 2-1, paragraph 34(g) 
of the Instruction because it involves the 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, visit http://www.regulations.gov/privacyNotice.
    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:

[[Page 15669]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. In Sec.  165.801, revise the first table to read as follows:


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

* * * * *

                 Table 1 of Sec.   165.801--Sector Ohio Valley Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                                                                   Sector Ohio Valley
                 Date                        Sponsor/name               location               Safety zone
----------------------------------------------------------------------------------------------------------------
1. Multiple days--April through        Pittsburgh Pirates/      Pittsburgh, PA.........  Allegheny River, Mile
 November.                              Pittsburgh Pirates                                0.2-0.9
                                        Fireworks.                                        (Pennsylvania).
2. Multiple days--April through        Cincinnati Reds/         Cincinnati, OH.........  Ohio River, Mile 470.1-
 November.                              Cincinnati Reds Season                            470.4; extending 500
                                        Fireworks.                                        ft. from the State of
                                                                                          Ohio shoreline (Ohio).
3. 2 days--Third Friday and Saturday   Thunder Over Louisville/ Louisville, KY.........  Ohio River, Mile 602.0-
 in April.                              Thunder Over                                      606.0 (Kentucky).
                                        Louisville.
4. Last Sunday in May................  Friends of Ironton.....  Ironton, OH............  Ohio River, Mile 326.7-
                                                                                          327.7 (Ohio).
5. 1 day--A Saturday in July.........  Paducah Parks and        Paducah, KY............  Ohio River, Mile 934.0-
                                        Recreation Department/                            936.0 (Kentucky).
                                        Cross River Swim.
6. 1 day--First or second weekend in   Bellaire All-American    Bellaire, OH...........  Ohio River, Mile 93.5-
 June.                                  Days.                                             94.5 (Ohio).
7. 2 days--Second weekend of June....  Rice's Landing           Rices Landing, PA......  Monongahela River, Mile
                                        Riverfest.                                        68.0-68.8
                                                                                          (Pennsylvania).
8. 1 day--First Sunday in June.......  West Virginia Symphony   Charleston, WV.........  Kanawha River, Mile
                                        Orchestra/Symphony                                59.5-60.5 (West
                                        Sunday.                                           Virginia).
9. 1 day--Saturday before 4th of July  Riverfest Inc./Saint     St. Albans, WV.........  Kanawha River, Mile
                                        Albans Riverfest.                                 46.3-47.3 (West
                                                                                          Virginia).
10. 1 day--4th July..................  Greenup City...........  Greenup, KY............  Ohio River, Mile 335.2-
                                                                                          336.2 (Kentucky).
11. 1 day--4th July..................  Middleport Community     Middleport, OH.........  Ohio River, Mile 251.5-
                                        Association.                                      252.5 (Ohio).
12. 1 day--4th July..................  People for the Point     South Point, OH........  Ohio River, Mile 317-
                                        Party in the Park.                                318 (Ohio).
13. 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).
14. 1 day--Third or fourth week in     Upper Ohio Valley        Wheeling, WV...........  Ohio River, Mile 90.0-
 July.                                  Italian Heritage                                  90.5 (West Virginia).
                                        Festival/Upper Ohio
                                        Valley Italian
                                        Heritage Festival
                                        Fireworks.
15. 1 day--4th or 5th of July........  City of Cape Girardeau   Cape Girardeau, MO.....  Upper Mississippi
                                        July 4th Fireworks                                River, Mile 50.0-52.0.
                                        Show on the River.
16. 1 day--Third or fourth of July...  Harrah's Casino/         Metropolis, IL.........  Ohio River, Mile 942.0-
                                        Metropolis Fireworks.                             945.0 (Illinois).
17. 1 day--During the first week of    Louisville Bats          Louisville, KY.........  Ohio River, Mile 603.0-
 July.                                  Baseball Club/                                    604.0 (Kentucky).
                                        Louisville Bats
                                        Firework Show.
18. 1 day--July 4th..................  Waterfront Independence  Louisville, KY.........  Ohio River, Mile 603.0-
                                        Festival/Louisville                               604.0 (Kentucky).
                                        Orchestra Waterfront
                                        4th.
19. 1 day--During the first week of    Celebration of the       Owensboro, KY..........  Ohio River, Mile 755.0-
 July.                                  American Spirit                                   759.0 (Kentucky).
                                        Fireworks/All American
                                        4th of July.
20. 1 day--During the first week of    Riverfront Independence  New Albany, IN.........  Ohio River, Mile 602.0-
 July.                                  Festival Fireworks.                               603.5 (Indiana).
21. 1 day--July 4th..................  Shoals Radio Group/      Florence, AL...........  Tennessee River, Mile
                                        Spirit of Freedom                                 255.0-257.0 (Alabama).
                                        Fireworks.
22. 1 day--Saturday before July 4th..  Town of Cumberland City/ Cumberland City, TN....  Cumberland River, Mile
                                        Lighting up the                                   103.0-105.0
                                        Cumberlands Fireworks.                            (Tennessee).
23. 1 day--July 4th..................  Knoxville office of      Knoxville, TN..........  Tennessee River, Mile
                                        Special Events/                                   647.0-648.0
                                        Knoxville July 4th                                (Tennessee).
                                        Fireworks.
24. 1 day--July 4th..................  NCVC/Music City July     Nashville, TN..........  Cumberland River, Mile
                                        4th.                                              190.0-192.0
                                                                                          (Tennessee).
25. 1 day--Saturday before July 4th,   Grand Harbor Marina/     Counce, TN.............  Tennessee-Tombigbee
 or Saturday after July 4th.            Grand Harbor Marina                               Waterway, Mile 450.0-
                                        July 4th Celebration.                             450.5 (Tennessee).
26. 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).
27. 1 day--Sunday before Labor Day...  Cincinnati Bell, WEBN,   Cincinnati, OH.........  Ohio River, Mile 469.2-
                                        and Proctor and Gamble/                           470.5 (Kentucky and
                                        Riverfest.                                        Ohio) and Licking
                                                                                          River Mile 0.0-3.0
                                                                                          (Kentucky).
28. 1 day--July 4th..................  Summer Motions Inc./     Ashland, KY............  Ohio River, Mile 322.1-
                                        Summer Motion.                                    323.1 (Kentucky).
29. 1 day--Last weekend in June or     City of Point Pleasant/  Point Pleasant, WV.....  Ohio River, Mile 265.2-
 First weekend in July.                 Point Pleasant                                    266.2, Kanawha River
                                        Sternwheel Fireworks.                             Mile 0.0-0.5 (West
                                                                                          Virginia).
30. 1 day--July 3rd or 4th...........  City of Charleston/City  Charleston, WV.........  Kanawha River, Mile
                                        of Charleston                                     58.1-59.1 (West
                                        Independence Day                                  Virginia).
                                        Celebration.
31. 1 day--July 4th..................  Civic Forum/Civic Forum  Portsmouth, OH.........  Ohio River, Mile 355.5-
                                        4th of July                                       356.5 (Ohio).
                                        Celebration.
32. 1 day--Second Saturday in August.  Guyasuta Days Festival/  Pittsburgh, PA.........  Allegheny River, Mile
                                        Borough of Sharpsburg.                            005.5-006.0
                                                                                          (Pennsylvania).
33. 1 day-- Second or third week of    Pittsburgh Foundation/   Pittsburgh, PA.........  Ohio River, Mile 0.0-
 August.                                Bob O'Connor Cookie                               0.5 (Pennsylvania).
                                        Cruise.
34. 1 day--Second full week of August  PA FOB Fireworks         Pittsburgh, PA.........  Allegheny River, Mile
                                        Display.                                          0.8-1.0
                                                                                          (Pennsylvania).
35. 1 day--Third week of August......  Beaver River Regatta     Beaver, PA.............  Ohio River, Mile 25.2-
                                        Fireworks.                                        25.8 (Pennsylvania).
36. 1 day--December 31...............  Pittsburgh Cultural      Pittsburgh, PA.........  Allegheny River Mile,
                                        Trust/Highmark First                              0.5-1.0
                                        Night Pittsburgh.                                 (Pennsylvania).
37. 1 day--Friday before Thanksgiving  Pittsburgh Downtown      Pittsburgh, PA.........  Allegheny River, Mile
                                        Partnership/Light Up                              0.0-1.0
                                        Night.                                            (Pennsylvania).
38. Multiple days--April through       Pittsburgh Riverhounds/  Pittsburgh, PA.........  Monongahela River, Mile
 November.                              Riverhounds Fireworks.                            0.22-0.77
                                                                                          (Pennsylvania).

[[Page 15670]]

 
39. 3 days--Second or third weekend    Hadi Shrine/Evansville   Evansville, IN.........  Ohio River, Miles 791.0-
 in June.                               Freedom Festival Air                              795.0 (Indiana).
                                        Show.
40. 1 day--Second or third Saturday    Friends of the           Chattanooga, TN........  Tennessee River, Mile
 in June, the last day of the           Festival, Inc./                                   463.5-464.5
 Riverbend Festival.                    Riverbend Festival                                (Tennessee).
                                        Fireworks.
41. 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).
42. 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).
43. 1 day--second weekend in June....  City of St. Albans/St.   St. Albans, WV.........  Kanawha River, Mile
                                        Albans Town Fair.                                 46.3-47.3 (West
                                                                                          Virginia).
44. 1 day--Last week of June or first  PUSH Beaver County/      Beaver, PA.............  Ohio River, Mile 25.2-
 week of July.                          Beaver County Boom.                               25.6 (Pennsylvania).
45. 1 day--4th of July (Rain date--    Monongahela Area         Monongahela, PA........  Monongahela River, Mile
 July 5th).                             Chamber of Commerce/                              032.0-033.0
                                        Monongahela 4th of                                (Pennsylvania).
                                        July Celebration.
46. 1 day--Saturday Third or Fourth    Oakmont Yacht Club/      Oakmont, PA............  Allegheny River, Mile
 full week of July (Rain date--         Oakmont Yacht Club                                12.0-12.5
 following Sunday).                     Fireworks.                                        (Pennsylvania).
47. 1 day--Week of July 4th..........  Three Rivers Regatta     Pittsburgh, PA.........  Ohio River, Mile 0.0-
                                        Fireworks/EQT 4th of                              0.5, Allegheny River,
                                        July Celebration.                                 Mile 0.0-0.5, and
                                                                                          Monongahela River,
                                                                                          Mile 0.0-0.5
                                                                                          (Pennsylvania).
48. 1 day--3rd or 4th of July........  City of Paducah, KY....  Paducah, KY............  Ohio River, Mile 934.0-
                                                                                          936.0; Tennessee
                                                                                          River, mile 0.0-1.0
                                                                                          (Kentucky).
49. 1 day--3rd or 4th of July........  City of Hickman, KY....  Hickman, KY............  Lower Mississippi
                                                                                          River, Mile 921.0-
                                                                                          923.0 (Kentucky).
50. 1 day--During the first week of    Evansville Freedom       Evansville, IN.........  Ohio River, Miles 791.0-
 July.                                  Celebration/4th of                                795.0 (Indiana).
                                        July Fireworks.
51. 1 day--One of the first two        Madison Regatta, Inc./   Madison, IN............  Ohio River, Miles 555.0-
 weekends in July.                      Madison Regatta.                                  560.0 (Indiana).
52. 1 day--July 4th..................  Cities of Cincinnati,    Newport, KY............  Ohio River, Miles 469.6-
                                        OH and Newport, KY/                               470.2 (Kentucky and
                                        July 4th Fireworks.                               Ohio).
53. 2 days--second weekend in July...  Marietta Riverfront      Marietta, OH...........  Ohio River, Mile 171.6-
                                        Roar/Marietta                                     172.6 (Ohio).
                                        Riverfront Roar.
54. 1 day--1st weekend in July.......  Gallia County Chamber    Gallipolis, OH.........  Ohio River, Mile 269.5-
                                        of Commerce/Gallipolis                            270.5 (Ohio).
                                        River Recreation
                                        Festival.
55. 1 day--July 4th..................  Kindred Communications/  Huntington, WV.........  Ohio River, Mile 307.8-
                                        Dawg Dazzle.                                      308.8 (West Virginia).
56. Multiple days-September through    University of            Pittsburgh, PA.........  Ohio River mile 0.0-
 January.                               Pittsburgh Athletic                               0.1, Monongahela River
                                        Department/University                             mile 0.0-0.1,
                                        of Pittsburgh                                     Allegheny River mile
                                        Fireworks.                                        0.0-0.25
                                                                                          (Pennsylvania).
57. Sunday, Monday, or Thursday from   Pittsburgh Steelers      Pittsburgh, PA.........  Allegheny River mile
 August through February.               Fireworks.                                        0.0-0.25, Ohio River
                                                                                          mile 0.0-0.1,
                                                                                          Monongahela River mile
                                                                                          0.0-0.1.
58. 3 days--Third week in September..  Wheeling Heritage Port   Wheeling, WV...........  Ohio River, Mile 90.2-
                                        Sternwheel Festival                               90.7 (West Virginia).
                                        Foundation/Wheeling
                                        Heritage Port
                                        Sternwheel Festival.
59. 1 day--Second Saturday in          Ohio River Sternwheel    Marietta, OH...........  Ohio River, Mile 171.5-
 September.                             Festival Committee                                172.5 (Ohio).
                                        fireworks.
60. 1 day--Second weekend of October.  Leukemia and Lymphoma    Nashville, TN..........  Cumberland River, Mile
                                        Society/Light the                                 190.0-192.0
                                        Night Walk Fireworks.                             (Tennessee).
61. 1 day--Saturday during the first   West Virginia Motor Car  Charleston, WV.........  Kanawha River, Mile 58-
 week of October.                       Festival.                                         59 (West Virginia).
62. 1 day--Friday before Thanksgiving  Kittanning Light Up      Kittanning, PA.........  Allegheny River, Mile
                                        Night Firework Display.                           44.5-45.5
                                                                                          (Pennsylvania).
63. 1 day--First week in October.....  Leukemia & Lymphoma      Pittsburgh, PA.........  Ohio River, Mile 0.0-
                                        Society/Light the                                 0.4 (Pennsylvania).
                                        Night.
64. 1 day--Friday before Thanksgiving  Duquesne Light/Santa     Pittsburgh, PA.........  Monongahela River, Mile
                                        Spectacular.                                      0.00-0.22, Allegheny
                                                                                          River, Mile 0.00-0.25,
                                                                                          and Ohio River, Mile
                                                                                          0.0-0.3
                                                                                          (Pennsylvania).
65. 1 day--During the first two weeks  City of Maysville        Maysville, KY..........  Ohio River, Mile 408-
 of July.                               Fireworks.                                        409 (Kentucky).
66. 1 day--Saturday before Memorial    Venture Outdoors/        Pittsburgh, PA.........  Allegheny River, Mile
 Day.                                   Venture Outdoors                                  0.0-0.25; Monongahela
                                        Festival.                                         River, Mile 0.0-0.25
                                                                                          (Pennsylvania).
67. 1 day--Third Saturday in July....  Pittsburgh Irish Rowing  Pittsburgh, PA.........  Ohio River, Mile 7.0-
                                        Club/St. Brendan's Cup                            9.0 (Pennsylvania).
                                        Currach Regatta.
68. 1 day--July 4th..................  Wellsburg 4th of July    Wellsburg, WV..........  Ohio River, Mile 73.5-
                                        Committee/Wellsburg                               74.5 (West Virginia).
                                        4th of July Freedom
                                        Celebration.
69. 1 day--During the first week of    Newburgh Fireworks       Newburgh, IN...........  Ohio River, Mile 777.3-
 July.                                  Display.                                          778.3 (Indiana).
70. 3 days--Third or Fourth weekend    Henderson Tri-Fest/      Henderson, KY..........  Ohio River, Mile 803.5-
 in April.                              Henderson Breakfast                               804.5 (Kentucky).
                                        Lions Club.
----------------------------------------------------------------------------------------------------------------



[[Page 15671]]

    Dated: March 23, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2017-06230 Filed 3-29-17; 8:45 am]
 BILLING CODE 9110-04-P