Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update, 18975-18979 [2019-09042]

Download as PDF Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0013] 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 3, 2019. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0013 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 Riley Jackson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779–5347, email Riley.S.Jackson@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 amozie on DSK9F9SC42PROD 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 15:47 May 02, 2019 Jkt 247001 limited access area restricting vessel traffic for safety purposes. On March 27, 2019, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update (84 FR 11449). 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 11, 2019, we received zero 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 zero comments on our NPRM published March 27, 2019. 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 necessary, to select regulatory approaches that maximize net benefits. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 18975 Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. 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 E:\FR\FM\03MYR1.SGM 03MYR1 18976 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Rules and Regulations 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 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 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Manual 023–01–001–01, Rev. 01 as it involves the revision of the table that informs the public of safety zones occurring in the Sector Ohio Valley AOR. A memorandum for the record is available in the docket where indicated under ADDRESSES. 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. G. Protest Activities 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 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. Normally such actions are categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction 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. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1.1. 2. In § 165.801, revise Table 1 of § 165.801 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 Safety zone 1. 2 days—Second or third weekend in April. 2. 3 days—Third or Fourth weekend in April. 3. Multiple days—April through November. 4. Multiple days—April through November. Thunder Over Louisville ........................ Louisville, KY ........ Henderson Breakfast Lions Club TriFest. Pittsburgh Pirates Season Fireworks ... Henderson, KY ...... Pittsburgh, PA ....... Cincinnati Reds Season Fireworks ...... Cincinnati, OH ....... 5. Multiple days—April through November. 6. 1 day—First week in May ................ 7. 3 days—One weekend in May ......... Pittsburgh Riverhounds Season Fireworks. Belterra Park Gaming Fireworks .......... US Rowing Southeast Youth Championship Regatta. Venture Outdoors Festival .................... Pittsburgh, PA ....... Ohio River, Miles 597.0–607.0 (Kentucky). Ohio River, Miles 802.5–805.5 (Kentucky). Allegheny River, Miles 0.2–0.9 (Pennsylvania). Ohio River, Miles 470.1–470.4; extending 500 ft. from the State of Ohio shoreline (Ohio). Monongahela River, Miles 0.22–0.77 (Pennsylvania). Ohio River, Miles 460.0–462.0 (Ohio). Clinch River, Miles 48.5–52 (Tennessee). Allegheny River, Miles 0.0–0.25; Monongahela River, Miles 0.0–0.25 (Pennsylvania). Cumberland River, Miles 189.7–192.1 (Tennessee). Ohio River, Miles 93.5–94.5 (Ohio). 8. 1 day—Saturday before Memorial Day. amozie on DSK9F9SC42PROD with RULES 9. 1 day—First weekend in June ......... 10. 1 day—First or second week of August. 11. 2 days—A weekend in June .......... 12. 2 days—Second Friday and Saturday in June. VerDate Sep<11>2014 15:47 May 02, 2019 Cincinnati, OH ....... Oak Ridge, TN ...... Pittsburgh, PA ....... Cumberland River Compact/Nashville Splash Bash. Bellaire All-American Days ................... Bellaire, OH ........... Rice’s Landing Riverfest ....................... Rice’s Landing, PA City of Newport, KY/Italianfest .............. Newport, KY .......... Jkt 247001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Nashville, TN ......... E:\FR\FM\03MYR1.SGM Monongahela River, Miles 68.0–68.8 (Pennsylvania). Ohio River, Miles 468.6–471.0 (Kentucky and Ohio). 03MYR1 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Rules and Regulations 18977 TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued Date Sponsor/name Sector Ohio valley location Safety zone 13. 1 day—Second or third Saturday in June, the last day of the Riverbend Festival. 14. 1 day—Second or Third week of June. 15. 3 days—One of the last three weekends in June. 16. 1 day—One weekend in June ........ Friends of the Festival, Inc./Riverbend Festival Fireworks. Chattanooga, TN ... Tennessee River, Miles 462.7–465.2 (Tennessee). TriState Pottery Festival Fireworks ...... East Liverpool, OH Ohio River, Miles 42.5–45.0 (Ohio). Hadi Shrine/Evansville Freedom Festival Air Show. West Virginia Symphony Orchestra/ Symphony Sunday. Riverview Park Independence Festival Evansville, IN ........ Ohio River, Miles 790.0–796.0 (Indiana). Kanawha River, Miles 59.5–60.5 (West Virginia). Ohio River, Miles 617.5–620.5 (Kentucky). Ohio River, Miles 265.2–266.2, Kanawha River Miles 0.0–0.5 (West Virginia). Ohio River, Mile 496.7; 1400 ft. radius from the Consolidated Grain Dock located along the State of Indiana shoreline at (Indiana and Kentucky). Ohio River, Miles 25.2–25.6 (Pennsylvania). Ohio River, Miles 790.0–796.0 (Indiana). Ohio River, Miles 777.3–778.3 (Indiana). Ohio River, Miles 506.0–507.0 (Indiana). 350 foot radius, from the fireworks launch site, on the entrance jetties at Kentucky Dam Marina, on the Tennessee River at Mile Marker 23 (Kentucky). Cumberland River, Miles 103.0–105.5 (Tennessee). Tennessee River, Miles 462.7–465.2 (Tennessee). Tennessee River, Miles 625.0–628.0 (Tennessee). Ohio River, Miles 934.0–936.0; Tennessee River, Miles 0.0–1.0 (Kentucky). 700 foot radius from GPS coordinate 36°34.5035 N, 089°11.919 W, in Hickman Harbor located at mile marker 921.5 on the Lower Mississippi River (Kentucky). Tennessee River, Miles 646.3–648.7 (Tennessee). Cumberland River, Miles 189.7–192.3 (Tennessee). Tennessee River, Miles 254.5–257.4 (Alabama). Monongahela River, Milse 032.0–033.0 (Pennsylvania). 17. 1 day—Last weekend in June or first weekend in July. 18. 1 day—Last weekend in June or First weekend in July. Louisville, KY ........ City of Point Pleasant/Point Pleasant Sternwheel Fireworks. Point Pleasant, WV 19. 1 day—Last weekend in June or first weekend in July. City of Aurora/Aurora Firecracker Festival. Aurora, IN .............. 20. 1 day—Last week of June or first week of July. 21. 1 day—Last weekend in June or first week in July. 22. 1 day—Last week in June or first week of July. 23. 1 day—Last week in June or First week in July. 24. 1 day—Weekend before the 4th of July. PUSH Beaver County/Beaver County Boom. Evansville Freedom Celebration/4th of July Fireworks. Newburgh Fireworks Display ................ Beaver, PA ............ Newburgh, IN ........ Rising Sun Fireworks ............................ Rising Sun, IN ....... Kentucky Dam Marine/Kentucky Dam Marina Fireworks. Gilbertsville, KY ..... 25. 1 day—Saturday before July 4th ... Town of Cumberland City/Lighting up the Cumberlands. Chattanooga Presents/Pops on the River. Randy Boyd/Independence Celebration Fireworks Display. City of Paducah, KY ............................. Cumberland City, TN. Chattanooga, TN ... 29. 1 day—3rd or 4th of July ............... City of Hickman, KY/Town Of Hickman Fireworks. Hickman, KY ......... 30. 1 day—July 4th .............................. City of Knoxville/Knoxville Festival on the 4th. Nashville NCVC/Independence Celebration. Shoals Radio Group/Spirit of Freedom Fireworks. Monongahela Area Chamber of Commerce/Monongahela 4th of July Celebration. Cities of Cincinnati, OH and Newport, KY/July 4th Fireworks. Wellsburg 4th of July Committee/ Wellsburg 4th of July Freedom Celebration. Wheeling Symphony fireworks ............. Knoxville, TN ......... 37. 1 day—First week or weekend in July. 38. 1 day—week of July 4th ................. Summer Motions Inc./Summer Motion Ashland, KY .......... Chester Fireworks ................................. Chester, WV .......... 39. 1 day—First week of July ............... 40. 1 day—First weekend or week in July. 41. 1 day—First week or weekend in July. Cincinnati Symphony Orchestra ........... Queen’s Landing Fireworks .................. Cincinnati, OH ....... Greenup, KY ......... Gallia County Chamber of Commerce/ Gallipolis River Recreation Festival. Gallipolis, OH ........ 26. 1 day—July 3rd .............................. 27. 1 day—July 3rd .............................. 28. 1 day—3rd or 4th of July ............... 31. 1 day—July 4th .............................. 32. 1 day—July 4th .............................. 33. 1 day—4th of July (Rain date— July 5th). 34. 1 day—July 4th .............................. 35. 1 day—July 4th .............................. 36. 1 day—week of July 4th ................. amozie on DSK9F9SC42PROD with RULES Charleston, WV ..... VerDate Sep<11>2014 15:47 May 02, 2019 Jkt 247001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 Evansville, IN ........ Knoxville, TN ......... Paducah, KY ......... Nashville, TN ......... Florence, AL .......... Monongahela, PA Newport, KY .......... Wellsburg, WV ...... Wheeling, WV ....... E:\FR\FM\03MYR1.SGM Ohio River, Miles 469.6–470.2 (Kentucky and Ohio). Ohio River, Miles 73.5–74.5 (West Virginia). Ohio River, Miles 90–92 (West Virginia). Ohio River, Miles 322.1–323.1 (Kentucky). Ohio River mile 42.0–44.0 (West Virginia). Ohio River, Miles 460.0–462.0 (Ohio). Ohio River, Miles 339.3–340.3 (West Virginia). Ohio River, Miles 269.5–270.5 (Ohio). 03MYR1 18978 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / 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 42. 1 day—First week or weekend in July. 43. 1 day—First week or weekend in July. 44.1 day—First week or weekend in July. 45. 1 day—First week or weekend in July. 46. 1 day—One of the first two weekends in July. 47. 1 day—Week of July 4th ................ Kindred Communications/Dawg Dazzle Huntington, WV ..... Greenup City ......................................... Greenup, KY ......... Middleport Community Association ...... Middleport, OH ...... Ohio River, Miles 307.8–308.8 (West Virginia). Ohio River, Miles 335.2–336.2 (Kentucky). Ohio River, Miles 251.5–252.5 (Ohio). People for the Point Party in the Park South Point, OH .... Ohio River, Miles 317–318 (Ohio). City of Bellevue, KY/Bellevue Beach Park Concert Fireworks. EQT 4th of July Celebration ................. Bellevue, KY ......... Ohio River, Miles468.2–469.2 (Kentucky & Ohio). Ohio River, Miles 0.0–0.5, Allegheny River, Miles 0.0–0.5, and Monongahela River, Miles 0.0–0.5 (Pennsylvania). Kanawha River, Miles 58.1–59.1 (West Virginia). Ohio River, Miles 355.5–357.0 (Ohio). 48. 1 day—First week or weekend in July. 49. 1 day—First week or weekend in July. 50. 1 day—During the first week of July. 51. 1 day—During the first week of July. 52. 1 day—During the first week of July. 53. 1 day—During the first week of July. 54. 1 day—Saturday before July 4th, or Saturday after July 4th. 55. 1 day—During the first two weeks of July. 56. 1 day—One of the first two weekends in July. 57. 1 day—Third Saturday in July ........ 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. Grand Harbor Marina/Grand Harbor Marina July 4th Celebration. City of Maysville Fireworks ................... Charleston, WV ..... Portsmouth, OH .... Louisville, KY ........ Louisville, KY ........ Owensboro, KY ..... New Albany, IN ..... Counce, TN ........... Maysville, KY ........ Ohio River, Miles 602.0–605.0 (Kentucky). Ohio River, Miles 602.0–605.0 (Kentucky). Ohio River, Miles 754.0–760.0 (Kentucky). Ohio River, Miles 606.5–609.6 (Indiana). Tennessee-Tombigbee Waterway, Miles 448.5–451.0 (Tennessee). Ohio River, Miles 408–409 (Kentucky). Madison Regatta, Inc./Madison Regatta. Pittsburgh Irish Rowing Club/St. Brendan’s Cup Currach Regatta. Upper Ohio Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks. Oakmont Yacht Club/Oakmont Yacht Club Fireworks. Madison, IN ........... Oakmont, PA ......... Allegheny River, (Pennsylvania). Marietta Riverfront Roar Fireworks ...... Three Rivers Regatta ........................... Marietta, OH .......... Knoxville, TN ......... 62. 1 day—First week of August .......... Kittaning Folk Festival .......................... Kittanning, PA ....... 63. 1 day—First week in August .......... 64. 1 day—Second full week of August Gliers Goetta Fest LLC ......................... PA FOB Fireworks Display ................... Newport, KY .......... Pittsburgh, PA ....... 65. 1 day—Second Saturday in August Guyasuta Days Festival/Borough of Sharpsburg. Pittsburgh Foundation/Bob O’Connor Cookie Cruise. Beaver River Regatta Fireworks .......... Pittsburgh, PA ....... Parkersburg Homecoming FestivalFireworks. Ravenswood River Festival .................. Parkersburg, WV ... 70. 1 day—last 2 weekends in August/ first week of September. 71. Sunday, Monday, or Thursday from August through February. Wheeling Dragon Boat Race ................ Wheeling, WV ....... Pittsburgh Steelers Fireworks ............... Pittsburgh, PA ....... 72. 1 day—one weekend before Labor Day. 73. 2 days—Sunday before Labor Day and Labor Day. Riverfest/Riverfest Inc ........................... Nitro, WV ............... Cincinnati Bell, WEBN, and Proctor and Gamble/Riverfest. Cincinnati, OH ....... 74. 1 day—Labor Day or first week of September. Labor Day Fireworks Show .................. Marmet, WV .......... Ohio River, Miles 171.6–172.6 (Ohio). Tennessee River, Miles 642–653 (Tennessee). Allegheny River, Miles 44.0–46.0 (Pennsylvania). Ohio River, Miles 469.0–471.0. Allegheny River, Miles 0.8–1.0 (Pennsylvania). Allegheny River, Miles 005.5–006.0 (Pennsylvania). Ohio River, Mile 0.0–0.5 (Pennsylvania). Ohio River, Miles 25.2–25.8 (Pennsylvania). Ohio River, Miles 183.5–185.5 (West Virginia). Ohio River, Miles 220–221 (West Virginia). Ohio River, Miles 90.4–91.5 (West Virginia). Allegheny River, Miles 0.0–0.25, Ohio River, Miles 0.0–0.1, Monongahela River, Miles 0.0–0.1. (Pennsylvania). Kanawha River, Miles 43.1–44.2 (West Virginia). Ohio River, Miles 469.2–470.5 (Kentucky and Ohio) and Licking River, Miles 0.0–3.0 (Kentucky). Kanawha River, Miles 67.5–68 (West Virginia). 58. 1 day—Third or fourth week in July 59. 1 day—Saturday Third or Fourth full week of July (Rain date—following Sunday). 60. 2 days—One weekend in July ....... 61. 1 Day—One weekend in July ........ 66. 1 day—In the Month of August ...... 67. 1 day—Third week of August ......... 68. 1 day—One weekend in August .... 69. 1 day—One weekend in August .... amozie on DSK9F9SC42PROD with RULES City of Charleston/City of Charleston Independence Day Celebration. Portsmouth River Days ......................... Pittsburgh, PA ....... VerDate Sep<11>2014 15:47 May 02, 2019 Jkt 247001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Pittsburgh, PA ....... Wheeling, WV ....... Pittsburgh, PA ....... Beaver, PA ............ Ravenswood, WV E:\FR\FM\03MYR1.SGM Ohio River, Miles 554.0–561.0 (Indiana). Ohio River, Miles 7.0–9.0 (Pennsylvania). Ohio River, Miles 90.0–90.5 (West Virginia). 03MYR1 Miles 12.0–12.5 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Rules and Regulations 18979 TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued Date Sponsor/name Sector Ohio valley location Safety zone 75. 1 day—Second weekend in September. 76. 1 day—Second weekend in September. 77. 3 days—Second or third week in September. Nashville Symphony/Concert Fireworks Nashville, TN ......... City of Clarksville/Clarksville Riverfest Clarksville, TN ....... Wheeling Heritage Port Sternwheel Festival Foundation/Wheeling Heritage Port Sternwheel Festival. Boomtown Days—Fireworks ................ Wheeling, WV ....... Cumberland River, Miles 190.1–192.3 (Tennessee). Cumberland River, Miles 124.5–127.0 (Tennessee). Ohio River, Miles 90.2–90.7 (West Virginia). 78. 1 day—One weekend in September. 79. 1 day—One weekend in September. 80. 1 day—One weekend in September. 81. Multiple days—September through January. Ohio River Sternwheel Festival Committee fireworks. Tribute to the River ............................... Nitro, WV ............... Marietta, OH .......... Point Pleasant, WV University of Pittsburgh Athletic Department/University of Pittsburgh Fireworks. Pittsburgh, PA ....... Leukemia & Lymphoma Society/Light the Night. Leukemia and Lymphoma Society/Light the Night Walk Fireworks. Yeatman’s Fireworks ............................ Outdoor Chattanooga/Swim the Suck .. Pittsburgh, PA ....... Cincinnati, OH ....... Chattanooga, TN ... Chattajack ............................................. Chattanooga, TN ... 87. 1 day—One weekend in October ... West Virginia Motor Car Festival .......... Charleston, WV ..... 88. 1 day—Friday before Thanksgiving Pittsburgh, PA ....... 90. 1 day—Friday before Thanksgiving Pittsburgh Downtown Partnership/Light Up Night. Kittanning Light Up Night Firework Display. Duquesne Light/Santa Spectacular ...... 91. 1 day—Friday before Thanksgiving Monongahela Holiday Show ................. Monongahela, PA 92. 1 day—Friday or Saturday after Thanksgiving. 93. 1 day—Third week of November .. 94. 1 day—December 31 .................... Friends of the Festival/Cheer at the Pier. Gallipolis in Lights ................................. Pittsburgh Cultural Trust/Highmark First Night Pittsburgh. University of Tennessee/UT Football Fireworks. Chattanooga, TN ... 82. 1 day—First week in October ........ 83. 1 day—Second weekend of October. 84. 1 day—First two weeks in October 85. 1 day—Second or third weekend in October. 86. 1 day—Fourth weekend in October 89. 1 day—Friday before Thanksgiving 95. * 7 days—Scheduled home games * * * * Nashville, TN ......... Kittanning, PA ....... Pittsburgh, PA ....... Gallipolis, OH ........ Pittsburgh, PA ....... Knoxville, TN ......... Department of the Army, Corps of Engineers 33 CFR Part 326 [FR Doc. 2019–09042 Filed 5–2–19; 8:45 am] BILLING CODE 9110–04–P RIN 0710–AA82 Civil Monetary Penalty Inflation Adjustment Rule Background Information The U.S. Army Corps of Engineers (Corps) is issuing this final rule to adjust its civil monetary penalties (CMP) under the Clean Water Act (CWA) and the National Fishing The Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101–410, 104 Stat. 890 (28 U.S.C. 2461, note), as amended by the Debt Collection Improvement Act of 1996, amozie on DSK9F9SC42PROD with RULES SUMMARY: 15:47 May 02, 2019 Jkt 247001 This final rule is effective on May 3, 2019. FOR FURTHER INFORMATION CONTACT: Mr. Brad Guarisco at 202–761–5856 or by email at Brad.A.Guarisco@ usace.army.mil or access the U.S. Army Corps of Engineers Regulatory Home Page at http://www.usace.army.mil/ Missions/CivilWorks/Regulatory ProgramandPermits.aspx. SUPPLEMENTARY INFORMATION: DATES: U.S. Army Corps of Engineers, Department of Defense. ACTION: Final rule. AGENCY: VerDate Sep<11>2014 Ohio River, Miles 264.6–265.6 (West Virginia). Ohio River, Miles 0.0–0.1, Monongahela River, Miles 0.0–0.1, Allegheny River, Miles 0.0–0.25 (Pennsylvania). Ohio River, Miles 0.0–0.4 (Pennsylvania). Cumberland River, Miles 189.7–192.1 (Tennessee). Ohio River, Miles 469.0–470.5 (Ohio). Tennessee River, Miles 452.0–454.5 (Tennessee). Tennessee River, Miles 462.7–465.5 (Tennessee). Kanawha River, Miles 58–59 (West Virginia). Allegheny River, Miles 0.0–1.0 (Pennsylvania). Allegheny River, Miles 44.5–45.5 (Pennsylvania). Monongahela River, Miles 0.00–0.22, Allegheny River, Miles 0.00–0.25, and Ohio River, Miles 0.0–0.3 (Pennsylvania). Ohio River, Miles 31.5–32.5 (Pennsylvania). Tennessee River, Miles 462.7–465.2 (Tennessee). Ohio River, Miles 269.2–270 (Ohio). Allegheny River, Miles 0.5–1.0 (Pennsylvania). Tennessee River, Miles 645.6–648.3 (Tennessee). Enhancement Act to account for inflation. DEPARTMENT OF DEFENSE Dated: April 30, 2019. M.A. Wike, Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Ohio Valley. Kanawha River, Miles 43.1–44.2 (West Virginia). Ohio River, Miles 171.5–172.5 (Ohio). PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1

Agencies

[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Rules and Regulations]
[Pages 18975-18979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09042]



[[Page 18975]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0013]
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 3, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0013 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 Riley Jackson, Sector Ohio Valley, U.S. 
Coast Guard; telephone (502) 779-5347, 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 March 27, 2019, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Safety Zones; Coast Guard Sector Ohio Valley 
Annual and Recurring Safety Zones Update (84 FR 11449). 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 11, 2019, we received zero 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 zero comments on our NPRM published 
March 27, 2019. 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 necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    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

[[Page 18976]]

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 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 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. 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 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 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. Normally such actions are categorically excluded 
from further review under paragraph L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01 as it involves the revision 
of the table that informs the public of safety zones occurring in the 
Sector Ohio Valley AOR. A memorandum for the record 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.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.1.


0
2. In Sec.  165.801, revise Table 1 of Sec.  165.801 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. 2 days--Second or third weekend in  Thunder Over Louisville  Louisville, KY.........  Ohio River, Miles 597.0-
 April.                                                                                   607.0 (Kentucky).
2. 3 days--Third or Fourth weekend in  Henderson Breakfast      Henderson, KY..........  Ohio River, Miles 802.5-
 April.                                 Lions Club Tri-Fest.                              805.5 (Kentucky).
3. Multiple days--April through        Pittsburgh Pirates       Pittsburgh, PA.........  Allegheny River, Miles
 November.                              Season Fireworks.                                 0.2-0.9
                                                                                          (Pennsylvania).
4. Multiple days--April through        Cincinnati Reds Season   Cincinnati, OH.........  Ohio River, Miles 470.1-
 November.                              Fireworks.                                        470.4; extending 500
                                                                                          ft. from the State of
                                                                                          Ohio shoreline (Ohio).
5. Multiple days--April through        Pittsburgh Riverhounds   Pittsburgh, PA.........  Monongahela River,
 November.                              Season Fireworks.                                 Miles 0.22-0.77
                                                                                          (Pennsylvania).
6. 1 day--First week in May..........  Belterra Park Gaming     Cincinnati, OH.........  Ohio River, Miles 460.0-
                                        Fireworks.                                        462.0 (Ohio).
7. 3 days--One weekend in May........  US Rowing Southeast      Oak Ridge, TN..........  Clinch River, Miles
                                        Youth Championship                                48.5-52 (Tennessee).
                                        Regatta.
8. 1 day--Saturday before Memorial     Venture Outdoors         Pittsburgh, PA.........  Allegheny River, Miles
 Day.                                   Festival.                                         0.0-0.25; Monongahela
                                                                                          River, Miles 0.0-0.25
                                                                                          (Pennsylvania).
9. 1 day--First weekend in June......  Cumberland River         Nashville, TN..........  Cumberland River, Miles
                                        Compact/Nashville                                 189.7-192.1
                                        Splash Bash.                                      (Tennessee).
10. 1 day--First or second week of     Bellaire All-American    Bellaire, OH...........  Ohio River, Miles 93.5-
 August.                                Days.                                             94.5 (Ohio).
11. 2 days--A weekend in June........  Rice's Landing           Rice's Landing, PA.....  Monongahela River,
                                        Riverfest.                                        Miles 68.0-68.8
                                                                                          (Pennsylvania).
12. 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).

[[Page 18977]]

 
13. 1 day--Second or third Saturday    Friends of the           Chattanooga, TN........  Tennessee River, Miles
 in June, the last day of the           Festival, Inc./                                   462.7-465.2
 Riverbend Festival.                    Riverbend Festival                                (Tennessee).
                                        Fireworks.
14. 1 day--Second or Third week of     TriState Pottery         East Liverpool, OH.....  Ohio River, Miles 42.5-
 June.                                  Festival Fireworks.                               45.0 (Ohio).
15. 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.
16. 1 day--One weekend in June.......  West Virginia Symphony   Charleston, WV.........  Kanawha River, Miles
                                        Orchestra/Symphony                                59.5-60.5 (West
                                        Sunday.                                           Virginia).
17. 1 day--Last weekend in June or     Riverview Park           Louisville, KY.........  Ohio River, Miles 617.5-
 first weekend in July.                 Independence Festival.                            620.5 (Kentucky).
18. 1 day--Last weekend in June or     City of Point Pleasant/  Point Pleasant, WV.....  Ohio River, Miles 265.2-
 First weekend in July.                 Point Pleasant                                    266.2, Kanawha River
                                        Sternwheel Fireworks.                             Miles 0.0-0.5 (West
                                                                                          Virginia).
19. 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).
20. 1 day--Last week of June or first  PUSH Beaver County/      Beaver, PA.............  Ohio River, Miles 25.2-
 week of July.                          Beaver County Boom.                               25.6 (Pennsylvania).
21. 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.
22. 1 day--Last week in June or first  Newburgh Fireworks       Newburgh, IN...........  Ohio River, Miles 777.3-
 week of July.                          Display.                                          778.3 (Indiana).
23. 1 day--Last week in June or First  Rising Sun Fireworks...  Rising Sun, IN.........  Ohio River, Miles 506.0-
 week in July.                                                                            507.0 (Indiana).
24. 1 day--Weekend before the 4th of   Kentucky Dam Marine/     Gilbertsville, KY......  350 foot radius, from
 July.                                  Kentucky Dam Marina                               the fireworks launch
                                        Fireworks.                                        site, on the entrance
                                                                                          jetties at Kentucky
                                                                                          Dam Marina, on the
                                                                                          Tennessee River at
                                                                                          Mile Marker 23
                                                                                          (Kentucky).
25. 1 day--Saturday before July 4th..  Town of Cumberland City/ Cumberland City, TN....  Cumberland River, Miles
                                        Lighting up the                                   103.0-105.5
                                        Cumberlands.                                      (Tennessee).
26. 1 day--July 3rd..................  Chattanooga Presents/    Chattanooga, TN........  Tennessee River, Miles
                                        Pops on the River.                                462.7-465.2
                                                                                          (Tennessee).
27. 1 day--July 3rd..................  Randy Boyd/Independence  Knoxville, TN..........  Tennessee River, Miles
                                        Celebration Fireworks                             625.0-628.0
                                        Display.                                          (Tennessee).
28. 1 day--3rd or 4th of July........  City of Paducah, KY....  Paducah, KY............  Ohio River, Miles 934.0-
                                                                                          936.0; Tennessee
                                                                                          River, Miles 0.0-1.0
                                                                                          (Kentucky).
29. 1 day--3rd or 4th of July........  City of Hickman, KY/     Hickman, KY............  700 foot radius from
                                        Town Of Hickman                                   GPS coordinate
                                        Fireworks.                                        36[deg]34.5035 N,
                                                                                          089[deg]11.919 W, in
                                                                                          Hickman Harbor located
                                                                                          at mile marker 921.5
                                                                                          on the Lower
                                                                                          Mississippi River
                                                                                          (Kentucky).
30. 1 day--July 4th..................  City of Knoxville/       Knoxville, TN..........  Tennessee River, Miles
                                        Knoxville Festival on                             646.3-648.7
                                        the 4th.                                          (Tennessee).
31. 1 day--July 4th..................  Nashville NCVC/          Nashville, TN..........  Cumberland River, Miles
                                        Independence                                      189.7-192.3
                                        Celebration.                                      (Tennessee).
32. 1 day--July 4th..................  Shoals Radio Group/      Florence, AL...........  Tennessee River, Miles
                                        Spirit of Freedom                                 254.5-257.4 (Alabama).
                                        Fireworks.
33. 1 day--4th of July (Rain date--    Monongahela Area         Monongahela, PA........  Monongahela River,
 July 5th).                             Chamber of Commerce/                              Milse 032.0-033.0
                                        Monongahela 4th of                                (Pennsylvania).
                                        July Celebration.
34. 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).
35. 1 day--July 4th..................  Wellsburg 4th of July    Wellsburg, WV..........  Ohio River, Miles 73.5-
                                        Committee/Wellsburg                               74.5 (West Virginia).
                                        4th of July Freedom
                                        Celebration.
36. 1 day--week of July 4th..........  Wheeling Symphony        Wheeling, WV...........  Ohio River, Miles 90-92
                                        fireworks.                                        (West Virginia).
37. 1 day--First week or weekend in    Summer Motions Inc./     Ashland, KY............  Ohio River, Miles 322.1-
 July.                                  Summer Motion.                                    323.1 (Kentucky).
38. 1 day--week of July 4th..........  Chester Fireworks......  Chester, WV............  Ohio River mile 42.0-
                                                                                          44.0 (West Virginia).
39. 1 day--First week of July........  Cincinnati Symphony      Cincinnati, OH.........  Ohio River, Miles 460.0-
                                        Orchestra.                                        462.0 (Ohio).
40. 1 day--First weekend or week in    Queen's Landing          Greenup, KY............  Ohio River, Miles 339.3-
 July.                                  Fireworks.                                        340.3 (West Virginia).
41. 1 day--First week or weekend in    Gallia County Chamber    Gallipolis, OH.........  Ohio River, Miles 269.5-
 July.                                  of Commerce/Gallipolis                            270.5 (Ohio).
                                        River Recreation
                                        Festival.

[[Page 18978]]

 
42. 1 day--First week or weekend in    Kindred Communications/  Huntington, WV.........  Ohio River, Miles 307.8-
 July.                                  Dawg Dazzle.                                      308.8 (West Virginia).
43. 1 day--First week or weekend in    Greenup City...........  Greenup, KY............  Ohio River, Miles 335.2-
 July.                                                                                    336.2 (Kentucky).
44.1 day--First week or weekend in     Middleport Community     Middleport, OH.........  Ohio River, Miles 251.5-
 July.                                  Association.                                      252.5 (Ohio).
45. 1 day--First week or weekend in    People for the Point     South Point, OH........  Ohio River, Miles 317-
 July.                                  Party in the Park.                                318 (Ohio).
46. 1 day--One of the first two        City of Bellevue, KY/    Bellevue, KY...........  Ohio River, Miles468.2-
 weekends in July.                      Bellevue Beach Park                               469.2 (Kentucky &
                                        Concert Fireworks.                                Ohio).
47. 1 day--Week of July 4th..........  EQT 4th of July          Pittsburgh, PA.........  Ohio River, Miles 0.0-
                                        Celebration.                                      0.5, Allegheny River,
                                                                                          Miles 0.0-0.5, and
                                                                                          Monongahela River,
                                                                                          Miles 0.0-0.5
                                                                                          (Pennsylvania).
48. 1 day--First week or weekend in    City of Charleston/City  Charleston, WV.........  Kanawha River, Miles
 July.                                  of Charleston                                     58.1-59.1 (West
                                        Independence Day                                  Virginia).
                                        Celebration.
49. 1 day--First week or weekend in    Portsmouth River Days..  Portsmouth, OH.........  Ohio River, Miles 355.5-
 July.                                                                                    357.0 (Ohio).
50. 1 day--During the first week of    Louisville Bats          Louisville, KY.........  Ohio River, Miles 602.0-
 July.                                  Baseball Club/                                    605.0 (Kentucky).
                                        Louisville Bats
                                        Firework Show.
51. 1 day--During the first week of    Waterfront Independence  Louisville, KY.........  Ohio River, Miles 602.0-
 July.                                  Festival/Louisville                               605.0 (Kentucky).
                                        Orchestra Waterfront
                                        4th.
52. 1 day--During the first week of    Celebration of the       Owensboro, KY..........  Ohio River, Miles 754.0-
 July.                                  American Spirit                                   760.0 (Kentucky).
                                        Fireworks/All American
                                        4th of July.
53. 1 day--During the first week of    Riverfront Independence  New Albany, IN.........  Ohio River, Miles 606.5-
 July.                                  Festival Fireworks.                               609.6 (Indiana).
54. 1 day--Saturday before July 4th,   Grand Harbor Marina/     Counce, TN.............  Tennessee-Tombigbee
 or Saturday after July 4th.            Grand Harbor Marina                               Waterway, Miles 448.5-
                                        July 4th Celebration.                             451.0 (Tennessee).
55. 1 day--During the first two weeks  City of Maysville        Maysville, KY..........  Ohio River, Miles 408-
 of July.                               Fireworks.                                        409 (Kentucky).
56. 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).
57. 1 day--Third Saturday in July....  Pittsburgh Irish Rowing  Pittsburgh, PA.........  Ohio River, Miles 7.0-
                                        Club/St. Brendan's Cup                            9.0 (Pennsylvania).
                                        Currach Regatta.
58. 1 day--Third or fourth week in     Upper Ohio Valley        Wheeling, WV...........  Ohio River, Miles 90.0-
 July.                                  Italian Heritage                                  90.5 (West Virginia).
                                        Festival/Upper Ohio
                                        Valley Italian
                                        Heritage Festival
                                        Fireworks.
59. 1 day--Saturday Third or Fourth    Oakmont Yacht Club/      Oakmont, PA............  Allegheny River, Miles
 full week of July (Rain date--         Oakmont Yacht Club                                12.0-12.5
 following Sunday).                     Fireworks.                                        (Pennsylvania).
60. 2 days--One weekend in July......  Marietta Riverfront      Marietta, OH...........  Ohio River, Miles 171.6-
                                        Roar Fireworks.                                   172.6 (Ohio).
61. 1 Day--One weekend in July.......  Three Rivers Regatta...  Knoxville, TN..........  Tennessee River, Miles
                                                                                          642-653 (Tennessee).
62. 1 day--First week of August......  Kittaning Folk Festival  Kittanning, PA.........  Allegheny River, Miles
                                                                                          44.0-46.0
                                                                                          (Pennsylvania).
63. 1 day--First week in August......  Gliers Goetta Fest LLC.  Newport, KY............  Ohio River, Miles 469.0-
                                                                                          471.0.
64. 1 day--Second full week of August  PA FOB Fireworks         Pittsburgh, PA.........  Allegheny River, Miles
                                        Display.                                          0.8-1.0
                                                                                          (Pennsylvania).
65. 1 day--Second Saturday in August.  Guyasuta Days Festival/  Pittsburgh, PA.........  Allegheny River, Miles
                                        Borough of Sharpsburg.                            005.5-006.0
                                                                                          (Pennsylvania).
66. 1 day--In the Month of August....  Pittsburgh Foundation/   Pittsburgh, PA.........  Ohio River, Mile 0.0-
                                        Bob O'Connor Cookie                               0.5 (Pennsylvania).
                                        Cruise.
67. 1 day--Third week of August......  Beaver River Regatta     Beaver, PA.............  Ohio River, Miles 25.2-
                                        Fireworks.                                        25.8 (Pennsylvania).
68. 1 day--One weekend in August.....  Parkersburg Homecoming   Parkersburg, WV........  Ohio River, Miles 183.5-
                                        Festival-Fireworks.                               185.5 (West Virginia).
69. 1 day--One weekend in August.....  Ravenswood River         Ravenswood, WV.........  Ohio River, Miles 220-
                                        Festival.                                         221 (West Virginia).
70. 1 day--last 2 weekends in August/  Wheeling Dragon Boat     Wheeling, WV...........  Ohio River, Miles 90.4-
 first week of September.               Race.                                             91.5 (West Virginia).
71. Sunday, Monday, or Thursday from   Pittsburgh Steelers      Pittsburgh, PA.........  Allegheny River, Miles
 August through February.               Fireworks.                                        0.0-0.25, Ohio River,
                                                                                          Miles 0.0-0.1,
                                                                                          Monongahela River,
                                                                                          Miles 0.0-0.1.
                                                                                          (Pennsylvania).
72. 1 day--one weekend before Labor    Riverfest/Riverfest Inc  Nitro, WV..............  Kanawha River, Miles
 Day.                                                                                     43.1-44.2 (West
                                                                                          Virginia).
73. 2 days--Sunday before Labor Day    Cincinnati Bell, WEBN,   Cincinnati, OH.........  Ohio River, Miles 469.2-
 and Labor Day.                         and Proctor and Gamble/                           470.5 (Kentucky and
                                        Riverfest.                                        Ohio) and Licking
                                                                                          River, Miles 0.0-3.0
                                                                                          (Kentucky).
74. 1 day--Labor Day or first week of  Labor Day Fireworks      Marmet, WV.............  Kanawha River, Miles
 September.                             Show.                                             67.5-68 (West
                                                                                          Virginia).

[[Page 18979]]

 
75. 1 day--Second weekend in           Nashville Symphony/      Nashville, TN..........  Cumberland River, Miles
 September.                             Concert Fireworks.                                190.1-192.3
                                                                                          (Tennessee).
76. 1 day--Second weekend in           City of Clarksville/     Clarksville, TN........  Cumberland River, Miles
 September.                             Clarksville Riverfest.                            124.5-127.0
                                                                                          (Tennessee).
77. 3 days--Second or third week in    Wheeling Heritage Port   Wheeling, WV...........  Ohio River, Miles 90.2-
 September.                             Sternwheel Festival                               90.7 (West Virginia).
                                        Foundation/Wheeling
                                        Heritage Port
                                        Sternwheel Festival.
78. 1 day--One weekend in September..  Boomtown Days--          Nitro, WV..............  Kanawha River, Miles
                                        Fireworks.                                        43.1-44.2 (West
                                                                                          Virginia).
79. 1 day--One weekend in September..  Ohio River Sternwheel    Marietta, OH...........  Ohio River, Miles 171.5-
                                        Festival Committee                                172.5 (Ohio).
                                        fireworks.
80. 1 day--One weekend in September..  Tribute to the River...  Point Pleasant, WV.....  Ohio River, Miles 264.6-
                                                                                          265.6 (West Virginia).
81. Multiple days--September through   University of            Pittsburgh, PA.........  Ohio River, Miles 0.0-
 January.                               Pittsburgh Athletic                               0.1, Monongahela
                                        Department/University                             River, Miles 0.0-0.1,
                                        of Pittsburgh                                     Allegheny River, Miles
                                        Fireworks.                                        0.0-0.25
                                                                                          (Pennsylvania).
82. 1 day--First week in October.....  Leukemia & Lymphoma      Pittsburgh, PA.........  Ohio River, Miles 0.0-
                                        Society/Light the                                 0.4 (Pennsylvania).
                                        Night.
83. 1 day--Second weekend of October.  Leukemia and Lymphoma    Nashville, TN..........  Cumberland River, Miles
                                        Society/Light the                                 189.7-192.1
                                        Night Walk Fireworks.                             (Tennessee).
84. 1 day--First two weeks in October  Yeatman's Fireworks....  Cincinnati, OH.........  Ohio River, Miles 469.0-
                                                                                          470.5 (Ohio).
85. 1 day--Second or third weekend in  Outdoor Chattanooga/     Chattanooga, TN........  Tennessee River, Miles
 October.                               Swim the Suck.                                    452.0-454.5
                                                                                          (Tennessee).
86. 1 day--Fourth weekend in October.  Chattajack.............  Chattanooga, TN........  Tennessee River, Miles
                                                                                          462.7-465.5
                                                                                          (Tennessee).
87. 1 day--One weekend in October....  West Virginia Motor Car  Charleston, WV.........  Kanawha River, Miles 58-
                                        Festival.                                         59 (West Virginia).
88. 1 day--Friday before Thanksgiving  Pittsburgh Downtown      Pittsburgh, PA.........  Allegheny River, Miles
                                        Partnership/Light Up                              0.0-1.0
                                        Night.                                            (Pennsylvania).
89. 1 day--Friday before Thanksgiving  Kittanning Light Up      Kittanning, PA.........  Allegheny River, Miles
                                        Night Firework Display.                           44.5-45.5
                                                                                          (Pennsylvania).
90. 1 day--Friday before Thanksgiving  Duquesne Light/Santa     Pittsburgh, PA.........  Monongahela River,
                                        Spectacular.                                      Miles 0.00-0.22,
                                                                                          Allegheny River, Miles
                                                                                          0.00-0.25, and Ohio
                                                                                          River, Miles 0.0-0.3
                                                                                          (Pennsylvania).
91. 1 day--Friday before Thanksgiving  Monongahela Holiday      Monongahela, PA........  Ohio River, Miles 31.5-
                                        Show.                                             32.5 (Pennsylvania).
92. 1 day--Friday or Saturday after    Friends of the Festival/ Chattanooga, TN........  Tennessee River, Miles
 Thanksgiving.                          Cheer at the Pier.                                462.7-465.2
                                                                                          (Tennessee).
93. 1 day--Third week of November....  Gallipolis in Lights...  Gallipolis, OH.........  Ohio River, Miles 269.2-
                                                                                          270 (Ohio).
94. 1 day--December 31...............  Pittsburgh Cultural      Pittsburgh, PA.........  Allegheny River, Miles
                                        Trust/Highmark First                              0.5-1.0
                                        Night Pittsburgh.                                 (Pennsylvania).
95. 7 days--Scheduled home games.....  University of Tennessee/ Knoxville, TN..........  Tennessee River, Miles
                                        UT Football Fireworks.                            645.6-648.3
                                                                                          (Tennessee).
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: April 30, 2019.
M.A. Wike,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Ohio 
Valley.
[FR Doc. 2019-09042 Filed 5-2-19; 8:45 am]
 BILLING CODE 9110-04-P