Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update, 21888-21893 [2018-10088]
Download as PDF
<![CDATA[
21888
Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0065]
RIN 1625–AA00
Safety Zones; Coast Guard Sector
Ohio Valley Annual and Recurring
Safety Zones Update
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
and updating its safety zones
regulations for annual events that take
place in the Coast Guard Sector Ohio
Valley area. This action is necessary to
update the current list of recurring
safety zones with revisions, additional
events, and removal of events that no
longer take place in Sector Ohio Valley.
This regulation restricts vessel traffic
from the safety zones during the events
unless authorized by the Captain of the
Port Sector Ohio Valley or a designated
representative.
DATES: This rule is effective May 11,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0065 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Joshua Herriott,
Sector Ohio Valley, U.S. Coast Guard;
telephone (502) 779–5343, email
Joshua.R.Herriott@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio
Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
sradovich on DSK3GMQ082PROD with RULES
II. Background Information and
Regulatory History
The Captain of the Port Sector Ohio
Valley (COTP) is amending 33 CFR
165.801 to update the table of annual
fireworks displays and other marinerelated events in Coast Guard Sector
Ohio Valley. These events include air
shows, fireworks displays, and other
marine related events requiring a
VerDate Sep<11>2014
22:27 May 10, 2018
Jkt 244001
limited access area restricting vessel
traffic for safety purposes.
On April 3, 2018, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled Safety Zones;
Coast Guard Sector Ohio Valley Annual
and Recurring Safety Zones Update (83
FR 14226). There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to those recurring safety
zones. During the comment period that
ended on April 18, 2018, we received
eight comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making it effective less than 30 days
after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is necessary to
respond to the potential safety hazards
associated with these marine events.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231.
Based on the nature of these marine
events, large numbers of participants
and spectators, and event locations, the
COTP has determined that the events
listed in this rule could pose a risk to
participants or waterways users if the
normal vessel traffic were to interfere
with the events. Possible hazards
include risks of injury or death from
near or actual contact among participant
vessels and spectators or mariners
traversing through the regulated area.
This purpose of this rule is to ensure the
safety of all waterway users, including
event participants and spectators,
during the scheduled events.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received eight
comments on our NPRM published on
April 3, 2018. Of the eight comments we
received, one was unrelated to this
rulemaking and another was a
duplicate. Of the six substantive
comments, one commenter was in favor
of the rule, two were against the rule,
and the other three expressed confusion
as to the times, locations, effects,
alternative routes, and the purpose of
the safety zones.
Of the two commenters not in favor of
this rule, one stated disagreement with
regulatory action generally and one
stated that local authorities should
oversee inland waterways. These
comments are outside of the scope of
this final rule.
Two commenters expressed confusion
over the events’ times and locations.
This rule contains two tables. The first
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
table adds 23 new safety zones. The
second table amends 31 existing safety
zones. Each table contains dates and
locations for each event. The Coast
Guard will issue a notice of enforcement
for each event, which will contain
specific times of enforcement of each
safety zone. In addition, the Captain of
the Port or a designated representative
will inform the public through
broadcast notices to mariners of the
enforcement period for the particular
safety zone as well as any changes in the
planned schedule. Another commenter
expressed confusion over the safety
zones’ effects and alternative routes.
The effects on environment, Indian
tribes, and small entities are discussed
in the preamble of the rule. In addition,
the Coast Guard sought public input as
to the same as well as the effects on the
protest activities. As to the alternative
routes, the rule, § 165.801(d), allows
persons and vessels desiring to enter
into or passage through the zone to
request permission to do so from the
Captain of the Port or a designated
representative. Finally, one other
commenter expressed confusion as to
the purpose of the rule and suggested
that we include that it is to ensure the
safety of event locations and event
participants. The Coast Guard is vested
with jurisdiction over the navigable
waters of the United States and any land
structures or shore areas immediately
adjacent to such waters. It does not have
the authority over land areas not
immediately adjacent to the navigable
waters on which the events will occur.
As such, we cannot make the requested
change. As to the protection of the event
participants, the rule does state that the
safety zones are necessary for the
protection of the event participants.
However, the sentence stating the
purpose of the rule inadvertently
omitted that its purpose is to also ensure
the safety of the event participants. We
have amended the sentence to reflect
the purpose.
There are no changes in the regulatory
text of this rule from the proposed rule
on the NPRM.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
E:\FR\FM\11MYR1.SGM
11MYR1
Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated as a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
This regulatory action determination
is based on the size, location, and
duration of the safety zones. These
safety zones are limited in size and
duration, and are usually positioned
away from high vessel traffic areas.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zones, and the rule would allow vessels
to seek permission to enter the zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above this
rule will not have a significant
economic impact on any vessel owner
or operator. Under section 213(a) of the
Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
VerDate Sep<11>2014
22:27 May 10, 2018
Jkt 244001
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. 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 will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
21889
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969(42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. Normally such actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
is available in the docket where
indicated under ADDRESSES.
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 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 165.801, revise Table 1 to read
as follows:
■
§ 165.801 Annual fireworks displays and
other events in the Eighth Coast Guard
District recurring safety zones.
*
E:\FR\FM\11MYR1.SGM
*
*
11MYR1
*
*
21890
Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations
TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES
Date
Sponsor/name
Sector Ohio Valley location
Safety zone
1. Multiple days—April through November.
2. Multiple days—April through November.
Pittsburgh Pirates/Pittsburgh Pirates Fireworks.
Cincinnati Reds/Cincinnati Reds
Season Fireworks.
Pittsburgh, PA ...............................
3. 2 days—Third Friday and Saturday in April.
4. Last Sunday in May ...................
Thunder Over Louisville/Thunder
Over Louisville.
Friends of Ironton .........................
Louisville, KY ................................
5. 1 day—A Saturday in July .........
Paducah Parks and Recreation
Department/Cross River Swim.
Bellaire All-American Days ...........
Paducah, KY .................................
Allegheny River, Mile 0.2–0.9
(Pennsylvania).
Ohio River, Mile 470.1–470.4; extending 500 ft. from the State of
Ohio shoreline (Ohio).
Ohio River, Mile 601.0–607.0
(Kentucky).
Ohio River, Mile 326.7–327.7
(Ohio).
Ohio River, Mile 934.0–936.0
(Kentucky).
Ohio River, Mile 93.5–94.5 (Ohio).
Rice’s Landing Riverfest ...............
Rices Landing, PA ........................
West Virginia Symphony Orchestra/Symphony Sunday.
Riverfest/Riverfest Inc. .................
Charleston, WV ............................
Nitro, WV ......................................
Greenup City ................................
Greenup, KY .................................
Middleport Community Association.
People for the Point Party in the
Park.
Riverview Park Independence
Festival.
Upper Ohio Valley Italian Heritage
Festival/Upper
Ohio
Valley
Italian Heritage Festival Fireworks.
City of Cape Girardeau July 4th
Fireworks Show on the River.
Harrah’s Casino/Metropolis Fireworks.
Louisville Bats Baseball Club/Louisville Bats Firework Show.
Waterfront Independence Festival/
Louisville Orchestra Waterfront
4th.
Celebration of the American Spirit
Fireworks/All American 4th of
July.
Riverfront Independence Festival
Fireworks.
Shoals Radio Group/Spirit of
Freedom Fireworks.
Town of Cumberland City/Lighting
up the Cumberlands.
City of Knoxville/Knoxville Festival
on the 4th.
Nashville
NCVC/Independence
Celebration.
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.
Middleport, OH .............................
6. 1 day—First or second weekend
in June.
7. 2 days—Second weekend of
June.
8. 1 day—One weekend in June ...
9. 1 day—Saturday before 4th of
July.
10. 1 day—First week or weekend
in July.
11.1 day— First week or weekend
in July.
12. 1 day—First week or weekend
in 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—During the first week of
July.
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 ........................
24. 1 day—July 4th ........................
25. 1 day—Saturday before July
4th, or Saturday after July 4th.
26. 1 day—One of the first two
weekends in July.
27. 2 days—Sunday before Labor
Day and Labor Day.
sradovich on DSK3GMQ082PROD with RULES
28. 1 day—July 4th ........................
29. 1 day—Last weekend in June
or First weekend in July.
30. 1 day—First week or weekend
in July.
31. 1 day—First week or weekend
in July.
VerDate Sep<11>2014
22:27 May 10, 2018
Cincinnati, OH ..............................
Ironton, OH ...................................
Bellaire, OH ..................................
South Point, OH ...........................
Louisville, KY ................................
Wheeling, WV ...............................
Cape Girardeau, MO ....................
Metropolis, IL ................................
Louisville, KY ................................
Louisville, KY ................................
New Albany, IN .............................
Ohio River, Mile 606.5–609.6 (Indiana).
Tennessee River, Mile 254.5–
257.4 (Alabama).
Cumberland River, Mile 103.0–
105.5 (Tennessee).
Tennessee River, Mile 646.3–
648.7 (Tennessee).
Cumberland River, Mile 189.7–
192.3 (Tennessee).
Tennessee-Tombigbee Waterway,
Mile 448.5–451.0 (Tennessee).
Ohio River, Mile 468.2–469.2
(Kentucky and Ohio).
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).
Kanawha River, Mile 58.1–59.1
(West Virginia).
Florence, AL .................................
Cumberland City, TN ....................
Knoxville, TN ................................
Nashville, TN ................................
Counce, TN ..................................
Bellevue, KY .................................
Cincinnati, OH ..............................
City of Charleston/City of Charleston Independence Day Celebration.
Portsmouth River Days ................
Charleston, WV ............................
Frm 00050
Fmt 4700
Upper Mississippi River, Mile
50.0–52.0.
Ohio River, Mile 942.0–945.0 (Illinois).
Ohio River, Mile 602.0–605.0
(Kentucky).
Ohio River, Mile 602.0–605.0
(Kentucky).
Ohio River, Mile
(Kentucky).
Ashland, KY ..................................
PO 00000
Ohio River, Mile 617.5–620.5
(Kentucky).
Ohio River, Mile 90.0–90.5 (West
Virginia).
Owensboro, KY ............................
Summer Motions Inc./Summer
Motion.
City of Point Pleasant/Point Pleasant Sternwheel Fireworks.
Jkt 244001
Monongahela River, Mile 68.0–
68.8 (Pennsylvania).
Kanawha River, Mile 59.5–60.5
(West Virginia).
Kanawha River, Mile 43.1–44.2
(West Virginia).
Ohio River, Mile 335.2–336.2
(Kentucky).
Ohio River, Mile 251.5–252.5
(Ohio).
Ohio River, Mile 317–318 (Ohio).
Point Pleasant, WV ......................
Portsmouth, OH ............................
Sfmt 4700
E:\FR\FM\11MYR1.SGM
Ohio River,
(Ohio).
11MYR1
Mile
754.0–760.0
355.5–356.5
21891
Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations
TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector Ohio Valley location
Safety zone
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 ..
Guyasuta Days Festival/Borough
of Sharpsburg.
Pittsburgh Foundation/Bob O’Connor Cookie Cruise.
PA FOB Fireworks Display ...........
Pittsburgh, PA ...............................
Pittsburgh, PA ...............................
Beaver River Regatta Fireworks ..
Beaver, PA ...................................
Pittsburgh
Cultural
Trust/
Highmark First Night Pittsburgh.
Pittsburgh Downtown Partnership/
Light Up Night.
Pittsburgh
Riverhounds/
Riverhounds Fireworks.
Hadi Shrine/Evansville Freedom
Festival Air Show.
Friends of the Festival, Inc./
Riverbend Festival Fireworks.
Pittsburgh, PA ...............................
Allegheny River, Mile 005.5–006.0
(Pennsylvania).
Ohio River, Mile 0.0–0.5 (Pennsylvania).
Allegheny River, Mile 0.8–1.0
(Pennsylvania).
Ohio River, Mile 25.2–25.8 (Pennsylvania).
Allegheny River Mile, 0.5–1.0
(Pennsylvania).
Allegheny River, Mile 0.0–1.0
(Pennsylvania).
Monongahela River, Mile 0.22–
0.77 (Pennsylvania).
Ohio River, Miles 790.0–796.0
(Indiana).
Tennessee River, Mile 462.7–
465.2 (Tennessee).
City of Newport, KY/Italianfest .....
Newport, KY .................................
City of Aurora/Aurora Firecracker
Festival.
Aurora, IN .....................................
St. Albans, WV .............................
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.
PUSH Beaver County/Beaver
County Boom.
Monongahela Area Chamber of
Commerce/Monongahela 4th of
July Celebration.
Oakmont Yacht Club/Oakmont
Yacht Club Fireworks.
Oakmont, PA ................................
Allegheny River, Mile 12.0–12.5
(Pennsylvania).
EQT 4th of July Celebration .........
Pittsburgh, PA ...............................
48. 1 day—3rd or 4th of July .........
City of Paducah, KY .....................
Paducah, KY .................................
49. 1 day—3rd or 4th of July .........
City of Hickman, KY .....................
Hickman, KY .................................
50. 1 day—Last weekend in June
or first week in July.
51. 1 day—One of the first two
weekends in July.
52. 1 day—July 4th ........................
Evansville Freedom Celebration/
4th of July Fireworks.
Madison Regatta, Inc./Madison
Regatta.
Cities of Cincinnati, OH and Newport, KY/July 4th Fireworks.
Marietta Riverfront Roar Fireworks
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 790.0–796.0
(Indiana).
Ohio River, Miles 554.0–561.0
(Indiana).
Ohio River, Miles 469.6–470.2
(Kentucky and Ohio).
Ohio River, Mile 171.6–172.6
(Ohio).
Ohio River, Mile 269.5–270.5
(Ohio).
36. 1 day—December 31 ...............
37. 1 day—Friday before Thanksgiving.
38. Multiple days—April through
November.
39. 3 days—One of the last three
weekends 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 weekend in June
or first weekend in July.
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).
53. 2 days—One weekend in July
54. 1 day—First week or weekend
in July.
Pittsburgh, PA ...............................
Pittsburgh, PA ...............................
Evansville, IN ................................
Chattanooga, TN ..........................
Beaver, PA ...................................
Monongahela, PA .........................
Madison, IN ..................................
Newport, KY .................................
Marietta, OH .................................
Gallia County Chamber of Commerce/Gallipolis River Recreation Festival.
Kindred
Communications/Dawg
Dazzle.
University of Pittsburgh Athletic
Department/University of Pittsburgh Fireworks.
Gallipolis, OH ................................
57. Sunday, Monday, or Thursday
from August through February.
Pittsburgh Steelers Fireworks ......
Pittsburgh, PA ...............................
58. 3 days—Third week in September.
Wheeling
Heritage
Port
Sternwheel Festival Foundation/
Wheeling
Heritage
Port
Sternwheel Festival.
Ohio River Sternwheel Festival
Committee fireworks.
Wheeling, WV ...............................
55. 1 day—First week or weekend
in July.
56. Multiple days—September
through January.
sradovich on DSK3GMQ082PROD with RULES
Pittsburgh, PA ...............................
59. 1 day—One weekend in September.
VerDate Sep<11>2014
22:27 May 10, 2018
Jkt 244001
PO 00000
Frm 00051
Fmt 4700
Huntington, WV ............................
Pittsburgh, PA ...............................
Marietta, OH .................................
Sfmt 4700
E:\FR\FM\11MYR1.SGM
Ohio River, Miles 468.6–471.0
(Kentucky and Ohio).
Ohio River Mile, 496.7; 1400 ft.
radius from the Consolidated
Grain Dock located along the
State of Indiana shoreline at
(Indiana and Kentucky).
Kanawha River, Mile 46.3–47.3
(West Virginia).
Ohio River, Mile 25.2–25.6 (Pennsylvania).
Monongahela River, Mile 032.0–
033.0 (Pennsylvania).
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.
Ohio River, Mile 90.2–90.7 (West
Virginia).
Ohio River,
(Ohio).
11MYR1
Mile
171.5–172.5
21892
Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations
TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector Ohio Valley location
Safety zone
60. 1 day—Second weekend of
October.
Leukemia and Lymphoma Society/Light the Night Walk Fireworks.
West Virginia Motor Car Festival
Nashville, TN ................................
Cumberland River, Mile 189.7–
192.1 (Tennessee).
Charleston, WV ............................
Kanawha River, Mile 58–59 (West
Virginia).
Allegheny River, Mile 44.5–45.5
(Pennsylvania).
Ohio River, Mile 0.0–0.4 (Pennsylvania).
Monongahela River, Mile 0.00–
0.22, Allegheny River, Mile
0.00–0.25, and Ohio River, Mile
0.0–0.3 (Pennsylvania).
Ohio River, Mile 408–409 (Kentucky).
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).
61. 1 day—One weekend in October.
62. 1 day—Friday before Thanksgiving.
63. 1 day—First week in October ..
64. 1 day—Friday before Thanksgiving.
Kittanning Light Up Night Firework
Display.
Leukemia & Lymphoma Society/
Light the Night.
Duquesne Light/Santa Spectacular.
Kittanning, PA ...............................
Pittsburgh, PA ...............................
Pittsburgh, PA ...............................
65. 1 day—During the first two
weeks of July.
66. 1 day—Saturday before Memorial Day.
City of Maysville Fireworks ...........
Maysville, KY ................................
Venture Outdoors/Venture
doors Festival.
Pittsburgh, PA ...............................
67. 1 day—Third Saturday in July
Pittsburgh Irish Rowing Club/St. Pittsburgh, PA ...............................
Brendan’s Cup Currach Regatta.
Wellsburg 4th of July Committee/ Wellsburg, WV ..............................
Wellsburg 4th of July Freedom
Celebration.
Newburgh Fireworks Display ........ Newburgh, IN ................................
68. 1 day—July 4th ........................
69. 1 day—Last week in June or
first week of July.
70. 3 days—Third or Fourth weekend in April.
71. 1 day—Third week of November.
72. 1 day—One weekend in September.
73. 1 day—Labor Day or first week
of September.
74. 1 day—One weekend in August.
75. 1 day—First weekend or week
in July.
76. 1 day—First weekend in June
Out-
Henderson
Tri-Fest/Henderson
Breakfast Lions Club.
Gallipolis in Lights ........................
Gallipolis, OH ................................
Tribute to the River .......................
Point Pleasant, WV ......................
Labor Day Fireworks Show ..........
Marmet, WV ..................................
Ravenswood River Festival ..........
Ravenswood, WV .........................
Queen’s Landing Fireworks ..........
Greenup, KY .................................
Cumberland River Compact/Nashville Splash Bash.
Nashville Symphony/Concert Fireworks.
Outdoor Chattanooga/Swim the
Suck.
Friends of the Festival/Cheer at
the Pier.
Chattanooga Presents/Pops on
the River.
University of Tennessee/UT Football Fireworks.
Randy Boyd/Independence Celebration Fireworks Display.
City
of
Clarksville/Clarksville
Riverfest.
Chattajack .....................................
Nashville, TN ................................
Chattanooga, TN ..........................
Belterra Park Gaming Fireworks ..
Cincinnati, OH ..............................
86. 1 day—First week of July ........
Cincinnati Symphony Orchestra ...
Cincinnati, OH ..............................
87. 1 day—First week in August ...
88. 1 day—last 2 weekends in August/first week of September.
89. 1 day—week of July 4th ..........
Gliers Goetta Fest LLC ................
Wheeling Dragon Boat Race ........
Newport, KY .................................
Wheeling, WV ...............................
Wheeling Symphony fireworks .....
Wheeling, WV ...............................
90. 1 day—week of July 4th ..........
Chester Fireworks ........................
Chester, WV .................................
91. 1 day—First week of August ...
Kittaning Folk Festival ..................
Kittanning, PA ...............................
92. 2 days—One weekend in August.
Powerboat Nationals-Parkersburg
Regatta/Parkersburg
Homecoming Festival.
Parkersburg, WV ..........................
77. 1 day—Second weekend in
September.
78. 1 day—Second or third weekend in October.
79. 1 day—Friday or Saturday
after Thanksgiving.
80. 1 day—July 3rd .......................
81. 7 days—Scheduled home
games.
82. 1 day—July 3rd .......................
sradovich on DSK3GMQ082PROD with RULES
83. 1 day—Second weekend in
September.
84. 1 day—Fourth weekend in October.
85. 1 day—First week in May ........
VerDate Sep<11>2014
22:27 May 10, 2018
Jkt 244001
PO 00000
Frm 00052
Fmt 4700
Henderson, KY .............................
Nashville, TN ................................
Chattanooga, TN ..........................
Chattanooga, TN ..........................
Chattanooga, TN ..........................
Knoxville, TN ................................
Knoxville, TN ................................
Clarksville, TN ..............................
Sfmt 4700
E:\FR\FM\11MYR1.SGM
Ohio River, Mile 777.3–778.3 (Indiana).
Ohio River, Mile 802.5–805.5
(Kentucky).
Ohio River, Mile 269.2–270
(Ohio).
Ohio River, Mile 264.6–265.6
(West Virginia).
Kanawha River, Mile 67.5–68
(West Virginia).
Ohio River, Mile 220–221 (West
Virginia).
Ohio River, Mile 339.3–340.3
(West Virginia).
Cumberland River, Mile 189.7–
192.1 (Tennessee).
Cumberland River, Mile 190.1–
192.3 (Tennessee).
Tennessee River, Mile 452.0–
454.5 (Tennessee).
Tennessee River, Mile 462.7–
465.2 (Tennessee).
Tennessee River, Mile 462.7–
465.2 (Tennessee).
Tennessee River, Mile 645.6–
648.3 (Tennessee).
Tennessee River, Mile 625.0–
628.0 (Tennessee).
Cumberland River, Mile 124.5–
127.0 (Tennessee).
Tennessee River, Mile 462.7–
465.5 (Tennessee).
Ohio River, Mile 460.0–462.0
(Ohio).
Ohio River, Mile 460.0–462.0
(Ohio).
Ohio River, Mile 469.0–471.0.
Ohio River mile 90.4–91.5 (West
Virginia).
Ohio River mile 90–92 (West Virginia).
Ohio River mile 42.0–44.0 (West
Virginia).
Allegheny River mile 44.0–46.0
(Pennsylvania).
Ohio River mile 183.5–185.5
(West Virginia).
11MYR1
21893
Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations
TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
93. 1 day—One weekend in August.
*
*
*
*
Parkersburg Homecoming
tival-Fireworks.
*
Dated: May 7, 2018.
M.B. Zamperini,
Captain, U. S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2018–10088 Filed 5–10–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AP60
Expanded Access to Non-VA Care
Through the Veterans Choice Program
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) adopts as final, with no
change, an interim final rule revising its
medical regulations that implement
section 101 of the Veterans Access,
Choice, and Accountability Act of 2014,
as amended, (hereafter referred to as
‘‘the Choice Act’’), which requires VA to
establish a program (hereafter referred to
as the ‘‘Veterans Choice Program’’ or the
‘‘Program’’) to furnish hospital care and
medical services through eligible nonVA health care providers to eligible
veterans who either cannot be seen
within the wait-time goals of the
Veterans Health Administration (VHA)
or who qualify based on their place of
residence or face an unusual or
excessive burden in traveling to a VA
medical facility. Those revisions
contained in the interim final rule,
which is now adopted as final, were
required by amendments to the Choice
Act made by the Construction
Authorization and Choice Improvement
Act of 2014, and by the Surface
Transportation and Veterans Health
Care Choice Improvement Act of 2015.
VA published an interim final rule on
December 1, 2015, implementing those
regulatory revisions, and we received
seven public comments. This final rule
responds to those public comments and
does not make any further regulatory
revisions.
DATES: Effective date: This rule is
effective on May 11, 2018.
FOR FURTHER INFORMATION CONTACT:
Joseph Duran, Director, Policy and
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
22:27 May 10, 2018
Sector Ohio Valley location
Jkt 244001
Fes-
Parkersburg, WV ..........................
Planning, Office of Community Care
(10D1A1), Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW,
Washington, DC 20420, (303) 372–4629.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: The
Choice Act, Public Law 113–146, was
enacted on August 7, 2014. Further
amendments to the Choice Act were
made by Public Laws 113–175, 113–235,
114–19, 114–41, and 115–26. Under
these authorities, VA established the
Veterans Choice Program and published
regulations at 38 CFR 17.1500 through
17.1540. This final rule revises VA
regulations in accordance with the
amendments to the Choice Act made by
Public Laws 114–19 and 114–41. Public
Law 114–19, the Construction
Authorization and Choice Improvement
Act, amended the Choice Act to define
additional criteria that VA may use to
determine that a veteran’s travel to a VA
medical facility is an ‘‘unusual or
excessive burden.’’ Public Law 114–41,
the Surface Transportation and Veterans
Health Care Choice Improvement Act of
2015, amended the Choice Act to
expand eligibility for the Veterans
Choice Program to all veterans enrolled
in the VA health care system, to remove
the 60-day limit on an episode of care,
modify the wait-time and 40-mile
distance eligibility criteria, and expand
provider eligibility based on criteria as
determined by VA. VA published an
interim final rule on December 1, 2015,
to implement these amendments to the
Choice Act. 80 FR 74991. We received
seven comments on the interim final
rule and respond to those comments in
the discussion below. We are adopting
as final the interim final rule with no
revisions.
Comments regarding changes in
Public Law 114–19 related to the
‘‘unusual or excessive burden’’
standard.
Section 3(a)(2) of Public Law 114–19
amended section 101(b)(2)(D)(ii)(II) of
the Choice Act by defining additional
criteria that could be the basis for
finding that a veteran faced an ‘‘unusual
or excessive burden’’ in traveling to
receive care in a VA medical facility,
including environmental factors such as
roads that are not accessible to the
general public, traffic, or hazardous
weather; a medical condition that affects
PO 00000
Frm 00053
Fmt 4700
Safety zone
Sfmt 4700
Ohio River mile
(West Virginia).
183.5–185.5
the ability to travel; or other factors, as
determined by the Secretary. The
interim final rule revised
§ 17.1510(b)(4)(ii) to include
environmental factors such as roads that
are not accessible to the general public,
traffic, or hazardous weather, or a
medical condition that affects the ability
to travel. The interim final rule also
added three ‘‘other factors’’ to
§ 17.1510(b)(4)(ii)(A) through (C): The
nature or simplicity of the hospital care
or medical services the veteran requires;
how frequently the veteran needs such
hospital care; or medical services, and
the need for an attendant, which is
defined as a person who provides
required aid and/or physical assistance
to the veteran, for a veteran to travel to
a VA medical facility for hospital care
or medical services. VA received one
positive comment in support of the
revisions to § 17.1510(b)(4)(ii), and we
thank the commenter for this feedback.
VA did not receive any comments that
suggested changes to the revisions to
§ 17.1510(b)(4)(ii), and therefore does
not make further regulatory revisions.
Comments regarding changes in
Public Law 114–41 related to veteran
eligibility, periods of follow up care,
wait times, distance requirements, and
provider eligibility.
Section 4005(b) of Public Law 114–41
amended section 101 of the Choice Act
to remove the August 1, 2014,
enrollment date restriction, thereby
making all veterans enrolled in the VA
health care system under § 17.36
potentially eligible for the Program if
they meet its other eligibility criteria.
Section 17.1510 was therefore revised in
the interim final rule to codify this
expanded eligibility for the Program. VA
implemented this change ahead of the
§ 17.1510 revision, as this change was
not subject to notice and comment
because it had an immediate effective
date and VA did not need to interpret
the language of the public law to give it
effect. VA also did not receive any
comments on this revision, and does not
make any further regulatory revisions.
Section 4005(a) of Public Law 114–41
amended section 101(h) of the Choice
Act by removing the 60-day limitation
on an ‘‘episode of care.’’ Sec. 4005(a),
Public Law 114–41, 129 Stat. 443. The
definition of ‘‘episode of care’’ in
§ 17.1505 was therefore revised in the
interim final rule by removing the
E:\FR\FM\11MYR1.SGM
11MYR1
]]>Agencies
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Rules and Regulations]
[Pages 21888-21893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10088]
[[Page 21888]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0065]
RIN 1625-AA00
Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring
Safety Zones Update
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending and updating its safety zones
regulations for annual events that take place in the Coast Guard Sector
Ohio Valley area. This action is necessary to update the current list
of recurring safety zones with revisions, additional events, and
removal of events that no longer take place in Sector Ohio Valley. This
regulation restricts vessel traffic from the safety zones during the
events unless authorized by the Captain of the Port Sector Ohio Valley
or a designated representative.
DATES: This rule is effective May 11, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0065 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Joshua Herriott, Sector Ohio Valley, U.S.
Coast Guard; telephone (502) 779-5343, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Captain of the Port Sector Ohio Valley (COTP) is amending 33
CFR 165.801 to update the table of annual fireworks displays and other
marine-related events in Coast Guard Sector Ohio Valley. These events
include air shows, fireworks displays, and other marine related events
requiring a limited access area restricting vessel traffic for safety
purposes.
On April 3, 2018, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zones; Coast Guard Sector Ohio Valley
Annual and Recurring Safety Zones Update (83 FR 14226). There we stated
why we issued the NPRM, and invited comments on our proposed regulatory
action related to those recurring safety zones. During the comment
period that ended on April 18, 2018, we received eight comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective less than 30 days after publication in
the Federal Register. Delaying the effective date of this rule would be
impracticable and contrary to the public interest because immediate
action is necessary to respond to the potential safety hazards
associated with these marine events.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. Based on the nature of these marine events, large numbers of
participants and spectators, and event locations, the COTP has
determined that the events listed in this rule could pose a risk to
participants or waterways users if the normal vessel traffic were to
interfere with the events. Possible hazards include risks of injury or
death from near or actual contact among participant vessels and
spectators or mariners traversing through the regulated area. This
purpose of this rule is to ensure the safety of all waterway users,
including event participants and spectators, during the scheduled
events.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received eight comments on our NPRM published on
April 3, 2018. Of the eight comments we received, one was unrelated to
this rulemaking and another was a duplicate. Of the six substantive
comments, one commenter was in favor of the rule, two were against the
rule, and the other three expressed confusion as to the times,
locations, effects, alternative routes, and the purpose of the safety
zones.
Of the two commenters not in favor of this rule, one stated
disagreement with regulatory action generally and one stated that local
authorities should oversee inland waterways. These comments are outside
of the scope of this final rule.
Two commenters expressed confusion over the events' times and
locations. This rule contains two tables. The first table adds 23 new
safety zones. The second table amends 31 existing safety zones. Each
table contains dates and locations for each event. The Coast Guard will
issue a notice of enforcement for each event, which will contain
specific times of enforcement of each safety zone. In addition, the
Captain of the Port or a designated representative will inform the
public through broadcast notices to mariners of the enforcement period
for the particular safety zone as well as any changes in the planned
schedule. Another commenter expressed confusion over the safety zones'
effects and alternative routes. The effects on environment, Indian
tribes, and small entities are discussed in the preamble of the rule.
In addition, the Coast Guard sought public input as to the same as well
as the effects on the protest activities. As to the alternative routes,
the rule, Sec. 165.801(d), allows persons and vessels desiring to
enter into or passage through the zone to request permission to do so
from the Captain of the Port or a designated representative. Finally,
one other commenter expressed confusion as to the purpose of the rule
and suggested that we include that it is to ensure the safety of event
locations and event participants. The Coast Guard is vested with
jurisdiction over the navigable waters of the United States and any
land structures or shore areas immediately adjacent to such waters. It
does not have the authority over land areas not immediately adjacent to
the navigable waters on which the events will occur. As such, we cannot
make the requested change. As to the protection of the event
participants, the rule does state that the safety zones are necessary
for the protection of the event participants. However, the sentence
stating the purpose of the rule inadvertently omitted that its purpose
is to also ensure the safety of the event participants. We have amended
the sentence to reflect the purpose.
There are no changes in the regulatory text of this rule from the
proposed rule on the NPRM.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is
[[Page 21889]]
necessary, to select regulatory approaches that maximize net benefits.
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This rule has not been designated as a
``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, and duration of the safety zones. These safety zones are
limited in size and duration, and are usually positioned away from high
vessel traffic areas. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zones, and
the rule would allow vessels to seek permission to enter the zones.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above this rule will not have a significant economic impact on any
vessel owner or operator. Under section 213(a) of the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want
to assist small entities in understanding this rule. If the rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard. 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 will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive
Order13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment.
Normally such actions are categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A Record of Environmental Consideration is
available in the docket where indicated under ADDRESSES.
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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. In Sec. 165.801, revise Table 1 to read as follows:
Sec. 165.801 Annual fireworks displays and other events in the Eighth
Coast Guard District recurring safety zones.
* * * * *
[[Page 21890]]
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 601.0-
in April. Thunder Over 607.0 (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--One weekend 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/Riverfest Nitro, WV.............. Kanawha River, Mile
Inc.. 43.1-44.2 (West
Virginia).
10. 1 day--First week or weekend in Greenup City........... Greenup, KY............ Ohio River, Mile 335.2-
July. 336.2 (Kentucky).
11.1 day-- First week or weekend in Middleport Community Middleport, OH......... Ohio River, Mile 251.5-
July. Association. 252.5 (Ohio).
12. 1 day--First week or weekend in People for the Point South Point, OH........ Ohio River, Mile 317-
July. Party in the Park. 318 (Ohio).
13. 1 day--Last weekend in June or Riverview Park Louisville, KY......... Ohio River, Mile 617.5-
first weekend in July. Independence Festival. 620.5 (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 602.0-
July. Baseball Club/ 605.0 (Kentucky).
Louisville Bats
Firework Show.
18. 1 day--During the first week of Waterfront Independence Louisville, KY......... Ohio River, Mile 602.0-
July. Festival/Louisville 605.0 (Kentucky).
Orchestra Waterfront
4th.
19. 1 day--During the first week of Celebration of the Owensboro, KY.......... Ohio River, Mile 754.0-
July. American Spirit 760.0 (Kentucky).
Fireworks/All American
4th of July.
20. 1 day--During the first week of Riverfront Independence New Albany, IN......... Ohio River, Mile 606.5-
July. Festival Fireworks. 609.6 (Indiana).
21. 1 day--July 4th.................. Shoals Radio Group/ Florence, AL........... Tennessee River, Mile
Spirit of Freedom 254.5-257.4 (Alabama).
Fireworks.
22. 1 day--Saturday before July 4th.. Town of Cumberland City/ Cumberland City, TN.... Cumberland River, Mile
Lighting up the 103.0-105.5
Cumberlands. (Tennessee).
23. 1 day--July 4th.................. City of Knoxville/ Knoxville, TN.......... Tennessee River, Mile
Knoxville Festival on 646.3-648.7
the 4th. (Tennessee).
24. 1 day--July 4th.................. Nashville NCVC/ Nashville, TN.......... Cumberland River, Mile
Independence 189.7-192.3
Celebration. (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 448.5-
July 4th Celebration. 451.0 (Tennessee).
26. 1 day--One of the first two City of Bellevue, KY/ Bellevue, KY........... Ohio River, Mile 468.2-
weekends in July. Bellevue Beach Park 469.2 (Kentucky and
Concert Fireworks. Ohio).
27. 2 days--Sunday before Labor Day Cincinnati Bell, WEBN, Cincinnati, OH......... Ohio River, Mile 469.2-
and Labor Day. 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--First week or weekend in City of Charleston/City Charleston, WV......... Kanawha River, Mile
July. of Charleston 58.1-59.1 (West
Independence Day Virginia).
Celebration.
31. 1 day--First week or weekend in Portsmouth River Days.. Portsmouth, OH......... Ohio River, Mile 355.5-
July. 356.5 (Ohio).
[[Page 21891]]
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).
39. 3 days--One of the last three Hadi Shrine/Evansville Evansville, IN......... Ohio River, Miles 790.0-
weekends in June. Freedom Festival Air 796.0 (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./ 462.7-465.2
Riverbend Festival. Riverbend Festival (Tennessee).
Fireworks.
41. 2 days--Second Friday and City of Newport, KY/ Newport, KY............ Ohio River, Miles 468.6-
Saturday in June. Italianfest. 471.0 (Kentucky and
Ohio).
42. 1 day--Last weekend in June or City of Aurora/Aurora Aurora, IN............. Ohio River Mile, 496.7;
first weekend in July. 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.......... EQT 4th of July Pittsburgh, PA......... Ohio River, Mile 0.0-
Celebration. 0.5, Allegheny River,
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--Last weekend in June or Evansville Freedom Evansville, IN......... Ohio River, Miles 790.0-
first week in July. Celebration/4th of 796.0 (Indiana).
July Fireworks.
51. 1 day--One of the first two Madison Regatta, Inc./ Madison, IN............ Ohio River, Miles 554.0-
weekends in July. Madison Regatta. 561.0 (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--One weekend in July...... Marietta Riverfront Marietta, OH........... Ohio River, Mile 171.6-
Roar Fireworks. 172.6 (Ohio).
54. 1 day--First week or weekend in Gallia County Chamber Gallipolis, OH......... Ohio River, Mile 269.5-
July. of Commerce/Gallipolis 270.5 (Ohio).
River Recreation
Festival.
55. 1 day--First week or weekend in Kindred Communications/ Huntington, WV......... Ohio River, Mile 307.8-
July. 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--One weekend in September.. Ohio River Sternwheel Marietta, OH........... Ohio River, Mile 171.5-
Festival Committee 172.5 (Ohio).
fireworks.
[[Page 21892]]
60. 1 day--Second weekend of October. Leukemia and Lymphoma Nashville, TN.......... Cumberland River, Mile
Society/Light the 189.7-192.1
Night Walk Fireworks. (Tennessee).
61. 1 day--One weekend in October.... West Virginia Motor Car Charleston, WV......... Kanawha River, Mile 58-
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--Last week in June or first Newburgh Fireworks Newburgh, IN........... Ohio River, Mile 777.3-
week of July. Display. 778.3 (Indiana).
70. 3 days--Third or Fourth weekend Henderson Tri-Fest/ Henderson, KY.......... Ohio River, Mile 802.5-
in April. Henderson Breakfast 805.5 (Kentucky).
Lions Club.
71. 1 day--Third week of November.... Gallipolis in Lights... Gallipolis, OH......... Ohio River, Mile 269.2-
270 (Ohio).
72. 1 day--One weekend in September.. Tribute to the River... Point Pleasant, WV..... Ohio River, Mile 264.6-
265.6 (West Virginia).
73. 1 day--Labor Day or first week of Labor Day Fireworks Marmet, WV............. Kanawha River, Mile
September. Show. 67.5-68 (West
Virginia).
74. 1 day--One weekend in August..... Ravenswood River Ravenswood, WV......... Ohio River, Mile 220-
Festival. 221 (West Virginia).
75. 1 day--First weekend or week in Queen's Landing Greenup, KY............ Ohio River, Mile 339.3-
July. Fireworks. 340.3 (West Virginia).
76. 1 day--First weekend in June..... Cumberland River Nashville, TN.......... Cumberland River, Mile
Compact/Nashville 189.7-192.1
Splash Bash. (Tennessee).
77. 1 day--Second weekend in Nashville Symphony/ Nashville, TN.......... Cumberland River, Mile
September. Concert Fireworks. 190.1-192.3
(Tennessee).
78. 1 day--Second or third weekend in Outdoor Chattanooga/ Chattanooga, TN........ Tennessee River, Mile
October. Swim the Suck. 452.0-454.5
(Tennessee).
79. 1 day--Friday or Saturday after Friends of the Festival/ Chattanooga, TN........ Tennessee River, Mile
Thanksgiving. Cheer at the Pier. 462.7-465.2
(Tennessee).
80. 1 day--July 3rd.................. Chattanooga Presents/ Chattanooga, TN........ Tennessee River, Mile
Pops on the River. 462.7-465.2
(Tennessee).
81. 7 days--Scheduled home games..... University of Tennessee/ Knoxville, TN.......... Tennessee River, Mile
UT Football Fireworks. 645.6-648.3
(Tennessee).
82. 1 day--July 3rd.................. Randy Boyd/Independence Knoxville, TN.......... Tennessee River, Mile
Celebration Fireworks 625.0-628.0
Display. (Tennessee).
83. 1 day--Second weekend in City of Clarksville/ Clarksville, TN........ Cumberland River, Mile
September. Clarksville Riverfest. 124.5-127.0
(Tennessee).
84. 1 day--Fourth weekend in October. Chattajack............. Chattanooga, TN........ Tennessee River, Mile
462.7-465.5
(Tennessee).
85. 1 day--First week in May......... Belterra Park Gaming Cincinnati, OH......... Ohio River, Mile 460.0-
Fireworks. 462.0 (Ohio).
86. 1 day--First week of July........ Cincinnati Symphony Cincinnati, OH......... Ohio River, Mile 460.0-
Orchestra. 462.0 (Ohio).
87. 1 day--First week in August...... Gliers Goetta Fest LLC. Newport, KY............ Ohio River, Mile 469.0-
471.0.
88. 1 day--last 2 weekends in August/ Wheeling Dragon Boat Wheeling, WV........... Ohio River mile 90.4-
first week of September. Race. 91.5 (West Virginia).
89. 1 day--week of July 4th.......... Wheeling Symphony Wheeling, WV........... Ohio River mile 90-92
fireworks. (West Virginia).
90. 1 day--week of July 4th.......... Chester Fireworks...... Chester, WV............ Ohio River mile 42.0-
44.0 (West Virginia).
91. 1 day--First week of August...... Kittaning Folk Festival Kittanning, PA......... Allegheny River mile
44.0-46.0
(Pennsylvania).
92. 2 days--One weekend in August.... Powerboat Nationals- Parkersburg, WV........ Ohio River mile 183.5-
Parkersburg Regatta/ 185.5 (West Virginia).
Parkersburg Homecoming
Festival.
[[Page 21893]]
93. 1 day--One weekend in August..... Parkersburg Homecoming Parkersburg, WV........ Ohio River mile 183.5-
Festival-Fireworks. 185.5 (West Virginia).
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: May 7, 2018.
M.B. Zamperini,
Captain, U. S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-10088 Filed 5-10-18; 8:45 am]
BILLING CODE 9110-04-P
