Safety Zone; Upper Ohio Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks, Wheeling, WV, 33803-33804 [2017-15370]

Download as PDF Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard did not receive any comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the bridge may be small entities, for the reasons stated in section IV.A above this final rule would not have a significant economic impact on any vessel owner or operator because the bridge will open with advance notice. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). sradovich on DSK3GMQ082PROD with RULES D. Federalism and Indian Tribal Government A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism VerDate Sep<11>2014 16:05 Jul 20, 2017 Jkt 241001 principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have made a determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule simply promulgates the operating regulations or procedures for drawbridges. This action is categorically excluded from further review, under figure 2–1, paragraph (32)(e), of the Instruction. A preliminary Record of Environmental Consideration and a Memorandum for the Record are not required for this 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. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 33803 PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. ■ 2. Revise § 117.669 to read as follows: § 117.669 Harbor). St. Louis River (Duluth-Superior (a) The draw of the Burlington Northern Grassy Point railroad Bridge, mile 5.44, shall open on signal except that, from December 15 through March 15 the draw shall open if at least 12hour notice is given. (b) The draw of the Canadian National Combined Railroad and Highway Bridge, mile 13.91, need not be opened for the passage of vessels. The owner shall return the draw to operable condition within a reasonable time when notified by the District Commander to do so. 3. Revise § 117.1083 to read as follows: ■ § 117.1083 Duluth-Superior Harbor (St. Louis River). See § 117.669 St. Louis River (DuluthSuperior Harbor), listed under Minnesota. Dated: June 15, 2017. N.A. Bartolotta, Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District, Acting. [FR Doc. 2017–15371 Filed 7–20–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2017–0594] Safety Zone; Upper Ohio Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks, Wheeling, WV Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce a safety zone for the Upper Ohio Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks on the Ohio River mile 90.0 to 90.5. The safety zone is necessary to provide for the safety of life and to protect vessels from the hazards associated with the ‘‘Upper Ohio Valley SUMMARY: E:\FR\FM\21JYR1.SGM 21JYR1 33804 Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks’’ land-based fireworks display. During the enforcement period, entry into the safety zone is prohibited for all vessels not registered with the sponsor as participants or official patrol vessels, unless specifically authorized by the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a designated representative. The regulations in 33 CFR 165.801, Table 1, line 14, will be enforced from 9 p.m. through 10:30 p.m., on July 22, 2017. DATES: The Coast Guard will enforce the safety zone for the annual ‘‘Upper Ohio Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks’’ land based fireworks display, listed in the regulations in 33 CFR 165.801, Table 1, Sector Ohio Valley, line 14 from 9 p.m. through 10:30 p.m., on July 22, 2017. Our Sector Ohio Valley Annual and Recurring Safety Zones, § 165.801, specifies the location of the regulated area for the Ohio River, Mile 90.0 to 90.5. Entry into the safety zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a designated representative. Persons or vessels desiring to enter into or passage through the safety zone must request permission from the COTP or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. This notice of enforcement is issued under authority of 33 CFR 165.801 and 5 U.S.C. 552(a). In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide advance notification of this enforcement period via Local Notice to Mariners and updates via Marine Information Broadcasts. sradovich on DSK3GMQ082PROD with RULES SUPPLEMENTARY INFORMATION: Dated: June 28, 2017. F. Smith, Lieutenant Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit Pittsburgh, Acting. VerDate Sep<11>2014 16:05 Jul 20, 2017 Jkt 241001 37 CFR Part 2 [Docket No. PTO–T–2017–0025] RIN 0651–AD22 Miscellaneous Changes to Trademark Trial and Appeal Board Rules of Practice; Clarification United States Patent and Trademark Office, Commerce. ACTION: Final rule. If you have questions about this notice of enforcement, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412–221–0807, email Jennifer.L.Haggins@uscg.mil. BILLING CODE 9110–04–P United States Patent and Trademark Office AGENCY: FOR FURTHER INFORMATION CONTACT: [FR Doc. 2017–15370 Filed 7–20–17; 8:45 am] DEPARTMENT OF COMMERCE The United States Patent and Trademark Office (‘‘USPTO’’) published in the Federal Register on October 7, 2016 a final rule, which became effective on January 14, 2017, revising the Rules of Practice before the Trademark Trial and Appeal Board. This document clarifies certain provisions of the rules of practice regarding the deadlines for filing motions to compel discovery, motions to test the sufficiency of responses or objections to requests for admission, and motions for summary judgment. The clarification promotes clarity and reflects ongoing and current practice, in keeping with the goals of efficiency and predictability in the procedure and process of trial cases. DATES: This rule is effective on July 21, 2017. FOR FURTHER INFORMATION CONTACT: Cheryl Butler, Trademark Trial and Appeal Board, by email at TTABFRNotices@uspto.gov, or by telephone at (571) 272–4259. SUPPLEMENTARY INFORMATION: The USPTO issues this final rule to clarify the latest time in an inter partes proceeding that certain motions may be filed. The USPTO’s October 7, 2016 final rule revising the Trademark Trial and Appeal Board Rules of Practice (81 FR 69950) (published under RIN 0651– AC35), effective January 14, 2017, required that any motion to compel discovery, § 2.120(f)(1), motion to test the sufficiency of responses or objections to requests for admission, § 2.120(i)(1), or motion for summary judgment, § 2.127(e)(1), be filed prior to the deadline for pretrial disclosures for the first testimony period as set or as reset. The USPTO now amends the rules of practice to make clear that such motions must be filed before the day of the deadline for pretrial disclosures for the first testimony period as originally set or as reset. The amendments promote clarity in the regulations and further the SUMMARY: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 objectives of the January 14, 2017 final rule. They advance the goals of efficiency of inter partes proceedings by streamlining discovery and pretrial procedure, particularly by signaling that the trial phase of the proceedings commences with the deadline for the first pretrial disclosure, by which juncture all discovery disputes will have been resolved or at least brought to the attention of the Board and all parties. Discussion of Rule Changes Discovery The USPTO is amending the third sentence of § 2.120(f)(1) to indicate that a motion to compel discovery must be filed before the day of the deadline for pretrial disclosures for the first testimony period as originally set or as reset. The USPTO is amending the first sentence of § 2.120(i)(1) to indicate that a motion to determine and test the sufficiency of an answer or objection to a request for admission must be filed before the day of the deadline for pretrial disclosures for the first testimony period as originally set or as reset. Motions The USPTO is amending the second sentence of § 2.127(e)(1) to indicate that a motion for summary judgment must be filed before the day of the deadline for pretrial disclosures for the first testimony period as originally set or as reset. Rulemaking Considerations Administrative Procedure Act: The changes in this rulemaking involve rules of agency practice and procedure and/ or interpretive rules. See Nat’l Org. of Veterans’ Advocates v. Sec’y of Veterans Affairs, 260 F.3d 1365, 1375 (Fed. Cir. 2001) (Rule that clarifies interpretation of a statute is interpretive.); Bachow Communications Inc. v. FCC, 237 F.3d 683, 690 (D.C. Cir. 2001) (Rules governing an application process are procedural under the Administrative Procedure Act.); Inova Alexandria Hosp. v. Shalala, 244 F.3d 342, 350 (4th Cir. 2001) (Rules for handling appeals were procedural where they did not change the substantive standard for reviewing claims.). Accordingly, prior notice and opportunity for public comment for the rule changes are not required pursuant to 5 U.S.C. 553(b) or (c), or any other law. See Perez v. Mortgage Bankers Ass’n, 135 S. Ct. 1199, 1206 (2015) (Notice-and-comment procedures are required neither when an agency E:\FR\FM\21JYR1.SGM 21JYR1

Agencies

[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Rules and Regulations]
[Pages 33803-33804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15370]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0594]


Safety Zone; Upper Ohio Valley Italian Heritage Festival/Upper 
Ohio Valley Italian Heritage Festival Fireworks, Wheeling, WV

AGENCY: Coast Guard, DHS.

ACTION:  Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the Upper Ohio 
Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage 
Festival Fireworks on the Ohio River mile 90.0 to 90.5. The safety zone 
is necessary to provide for the safety of life and to protect vessels 
from the hazards associated with the ``Upper Ohio Valley

[[Page 33804]]

Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival 
Fireworks'' land-based fireworks display. During the enforcement 
period, entry into the safety zone is prohibited for all vessels not 
registered with the sponsor as participants or official patrol vessels, 
unless specifically authorized by the Captain of the Port Marine Safety 
Unit Pittsburgh (COTP) or a designated representative.

DATES: The regulations in 33 CFR 165.801, Table 1, line 14, will be 
enforced from 9 p.m. through 10:30 p.m., on July 22, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email MST1 Jennifer Haggins, Marine 
Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email 
Jennifer.L.Haggins@uscg.mil.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone 
for the annual ``Upper Ohio Valley Italian Heritage Festival/Upper Ohio 
Valley Italian Heritage Festival Fireworks'' land based fireworks 
display, listed in the regulations in 33 CFR 165.801, Table 1, Sector 
Ohio Valley, line 14 from 9 p.m. through 10:30 p.m., on July 22, 2017. 
Our Sector Ohio Valley Annual and Recurring Safety Zones, Sec.  
165.801, specifies the location of the regulated area for the Ohio 
River, Mile 90.0 to 90.5. Entry into the safety zone is prohibited 
unless authorized by the Captain of the Port Marine Safety Unit 
Pittsburgh (COTP) or a designated representative. Persons or vessels 
desiring to enter into or passage through the safety zone must request 
permission from the COTP or a designated representative. If permission 
is granted, all persons and vessels shall comply with the instructions 
of the COTP or designated representative.
    This notice of enforcement is issued under authority of 33 CFR 
165.801 and 5 U.S.C. 552(a). In addition to this notice of enforcement 
in the Federal Register, the Coast Guard will provide advance 
notification of this enforcement period via Local Notice to Mariners 
and updates via Marine Information Broadcasts.

    Dated: June 28, 2017.
F. Smith,
Lieutenant Commander, U.S. Coast Guard, Captain of the Port Marine 
Safety Unit Pittsburgh, Acting.
[FR Doc. 2017-15370 Filed 7-20-17; 8:45 am]
 BILLING CODE 9110-04-P