Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update, 26837-26842 [2021-10464]
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(DRC) and in the Republic of Guinea.
These restrictions directed such flights
to land only at a limited set of United
States airports where the United States
government had focused public health
resources to implement enhanced
public health measures.
DATES: The arrival restrictions
applicable to flights to the United States
carrying persons who have recently
traveled from, or were otherwise present
within, the Republic of Guinea are
terminated as of 12:01 a.m. Eastern
Daylight Time on May 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Alyce Modesto, Office of Field
Operations, U.S. Customs and Border
Protection at 202–286–8995.
SUPPLEMENTARY INFORMATION:
Background
On March 4, 2021, the Secretary of
Homeland Security (Secretary)
announced arrival restrictions
applicable to flights carrying persons
who have recently traveled from, or
were otherwise present within, the
Democratic Republic of the Congo (DRC)
or the Republic of Guinea, consistent
with 6 U.S.C. 112(a), 19 U.S.C. 1433(c),
and 19 CFR 122.32, in a Federal
Register document titled ‘‘Arrival
Restrictions Applicable to Flights
Carrying Persons Who Have Recently
Traveled From or Were Otherwise
Present Within the Democratic Republic
of the Congo or the Republic of Guinea’’
(86 FR 12534). On May 3, 2021, the
Secretary terminated the arrival
restrictions applicable to flights carrying
persons who have recently traveled
from, or were otherwise present within,
the DRC in a Federal Register document
titled ‘‘Termination of Arrival
Restrictions Applicable to Flights
Carrying Persons Who Have Recently
Traveled From or Were Otherwise
Present Within the Democratic Republic
of the Congo’’ (86 FR 23277). However,
the May 3, 2021 Federal Register
notification did not terminate the arrival
restrictions for flights carrying persons
who have recently traveled from, or
were otherwise present within, the
Republic of Guinea because the most
recent case of EVD in the Republic of
Guinea was confirmed on April 3, 2021.
For the reasons set forth below, the
Secretary has decided to terminate the
arrival restrictions applicable to flights
carrying persons who have recently
traveled from, or were otherwise present
within, the Republic of Guinea. These
restrictions funnel relevant arriving air
passengers to one of six designated
airports of entry where the United States
is implementing enhanced public health
measures. Since April 3, 2021, there
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have been no new confirmed EVD cases
reported in the Republic of Guinea and
all contacts of cases that were being
monitored for EVD have passed the 21day incubation period. With no new
hospitalized patients with EVD and no
contacts of confirmed EVD cases still
requiring monitoring, the potential risk
for Ebola virus exposure in the Republic
of Guinea has greatly diminished.
Therefore, flight restrictions are no
longer required for flights carrying
persons who have recently traveled
from, or were otherwise present within,
the Republic of Guinea.
Notice of Termination of Arrival
Restrictions Applicable to All Flights
Carrying Persons Who Have Recently
Traveled From or Were Otherwise
Present Within the Republic of Guinea
Pursuant to 6 U.S.C. 112(a), 19 U.S.C.
1433(c), and 19 CFR 122.32, and
effective as of 12:01 a.m. Eastern
Daylight Time on May 14, 2021, for all
affected flights arriving at a United
States airport, I hereby terminate the
arrival restrictions applicable to flights
carrying persons who have recently
traveled from, or were otherwise present
within, the Republic of Guinea
announced in the Arrival Restrictions
document published at 86 FR 12534
(March 4, 2021).
Alejandro Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2021–10470 Filed 5–13–21; 4:15 pm]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0014]
RIN 1625–AA00
Safety Zones; Coast Guard Sector
Ohio Valley Annual and Recurring
Safety Zones Update
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
The Coast Guard is amending
and updating its safety zone 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 the Sector Ohio Valley. When
these safety zones are enforced, certain
SUMMARY:
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26837
restrictions are placed on marine traffic
in specified areas.
DATES: This rule is effective May 18,
2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0014 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 Christopher Roble,
Sector Ohio Valley, U.S. Coast Guard;
telephone (502)-779–5336, email
SECOHV-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of Responsibility
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio
Valley
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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 events in
Coast Guard Sector Ohio Valley Area of
Responsibility (AOR). These events
include air shows, fireworks displays,
and other events requiring a safety zone.
On February 24, 2021, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled, ‘‘Safety
Zones; Coast Guard Sector Ohio Valley
Annual and Recurring Safety Zones
Update’’ (86 FR 11198). 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 March 26, 2021, no comments
were received.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
necessary to respond to the potential
safety hazards associated with these
events.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The Coast
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Guard is amending and updating the
safety zones under 33 CFR part 165 to
include the most up to date list of
recurring safety zones for events held on
or around navigable waters within the
Sector Ohio Valley AOR. These events
include fireworks displays, air shows,
and festivals. The current list in 33 CFR
165.801 requires amending to provide
new information on existing safety
zones and to include new safety zones
expected to recur annually or
biannually. Issuing individual
regulations for each new safety zone,
amendment of existing safety zones
creates unnecessary administrative costs
and burdens. This rulemaking reduces
administrative overhead and provides
the public with notice through
publication in the Federal Register of
the upcoming recurring safety zones.
Based on the nature of these 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.
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IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
February 24, 2021. There are no changes
in the regulatory text of this rule from
the proposed rule on the NPRM.
This rule amends and updates part
165 or 33 CFR by revising the current
table for Sector Ohio Valley, and by
adding two new recurring safety zones
as described in the NPRM. Vessels
intending to transit the designated
waterway through the safety zone will
only be allowed to transit the area when
the COTP, or a designated
representative, has deemed it safe to do
so or at the completion of the event.
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
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benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
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).
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 Notices to Mariners, Local
Notices to Mariners, and Marine Safety
Information Broadcasts to inform the
community of these safety 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
zones may be small entities, for the
reasons stated in section V.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 call or email 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
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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.
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
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), 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
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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. It is categorically
excluded from further review under
paragraph L of Appendix A, Table 1 of
DHS Instruction Manual 023–01–001–
01, Rev. 1. A Record of Environmental
Consideration supporting this
determination for each of the safety
zones will be made available in the
docket before the event. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
Protesters are asked to call or email 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.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
26839
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. 70034, 70051; 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.
*
*
*
*
*
TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES
Date
Sponsor/name
Sector Ohio Valley
location
Safety zone
1. 3 days—Third or Fourth weekend in April
2. Multiple days—April through November ...
Henderson Breakfast Lions Club Tri-Fest ....
Pittsburgh Pirates Season Fireworks ...........
Henderson, KY .................
Pittsburgh, PA ..................
3. Multiple days—April through November ...
Cincinnati Reds Season Fireworks ..............
Cincinnati, OH ..................
4. Multiple days—April through November ...
Pittsburgh Riverhounds Season Fireworks ..
Pittsburgh, PA ..................
5. 1 day—First week in May .........................
6. 3 days in May ...........................................
Cincinnati, OH ..................
Oak Ridge, TN .................
7. 1 day—One Friday in May prior to memorial day.
8. 1 day—Saturday before Memorial Day ....
Belterra Park Gaming Fireworks ..................
US Rowing Southeast Youth Championship
Regatta.
Live on the Levee Memorial Day Fireworks/
City of Charleston.
Venture Outdoors Festival ...........................
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).
9. 3 days in June ..........................................
CMA Festival ................................................
Nashville, TN ....................
10. 1 day in June ..........................................
Cumberland
River
Compact/Nashville
Splash Bash.
Rice’s Landing Riverfest ..............................
Nashville, TN ....................
Rice’s Landing, PA ..........
City of Newport, KY/Italianfest .....................
Newport, KY .....................
Friends of the Festival, Inc./Riverbend Festival Fireworks.
TriState Pottery Festival Fireworks ..............
Hadi Shrine/Evansville Freedom Festival Air
Show.
West Virginia Symphony Orchestra/Symphony Sunday.
Alzheimer’s Water Lantern Festival/IC Care
Riverview Park Independence Festival ........
Chattanooga, TN ..............
11. 2 days—A weekend in June ..................
12. 2 days—Second Friday and Saturday in
June.
13. 1 day in June ..........................................
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 ................
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17. One weekend in June ............................
18. 1 day—Last weekend in June or first
weekend in July.
19. 1 day—Last weekend in June or First
weekend in July.
20. 1 day—Last weekend in June or first
weekend in July.
Charleston, WV ................
Pittsburgh, PA ..................
East Liverpool, OH ...........
Evansville, IN ...................
Charleston, WV ................
Wheeling, WV ..................
Louisville, KY ...................
Kanawha River, Miles 59.5–60.5 (West Virginia).
Ohio River Mile 90.3–91.8.
Ohio River, Miles 617.5–620.5 (Kentucky).
City of Point Pleasant/Point Pleasant
Sternwheel Fireworks.
City of Aurora/Aurora Firecracker Festival ...
Aurora, IN .........................
21. 1 day—Last week of June or first week
of July.
22. 1 day—Last weekend in June or first
week in July.
23. 1 day—Last week in June or first week
of July.
24. 1 day—Last week in June or First week
in July.
25. 1 day—Weekend before the 4th of July
PUSH Beaver County/Beaver County Boom
Beaver, PA .......................
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).
Evansville Freedom Celebration/4th of July
Fireworks.
Newburgh Fireworks Display .......................
Evansville, IN ...................
Ohio River, Miles 790.0–796.0 (Indiana).
Newburgh, IN ...................
Ohio River, Miles 777.3–778.3 (Indiana).
Rising Sun Fireworks ...................................
Rising Sun, IN ..................
Ohio River, Miles 506.0–507.0 (Indiana).
Kentucky Dam Marine/Kentucky Dam Marina Fireworks.
Gilbertsville, KY ................
26. 1 day in July ...........................................
Town of Cumberland City/Lighting up the
Cumberlands.
Chattanooga Presents/Pops on the River ...
Cumberland City, TN .......
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).
27. 1 day in July ...........................................
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Point Pleasant, WV ..........
Kanawha River, Mile 58.1–59.1 (West Virginia).
Allegheny
River,
Miles
0.0–0.25;
Monongahela River, Miles 0.0–0.25
(Pennsylvania).
Cumberland River, Miles 190.7–191.1 extending 100 feet from the left descending
bank (Tennessee)
Cumberland River, Miles 189.7–192.1 (Tennessee).
Monongahela River, Miles 68.0–68.8 (Pennsylvania).
Ohio River, Miles 468.6–471.0 (Kentucky
and Ohio).
Tennessee River, Miles 462.7–465.2 (Tennessee).
Ohio River, Miles 42.5–45.0 (Ohio).
Ohio River, Miles 790.0–796.0 (Indiana).
Chattanooga, TN ..............
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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector Ohio Valley
location
Safety zone
28. 1 day in July ...........................................
Randy Boyd/Independence Celebration
Fireworks Display.
Moors Resort and Marina/Kentucky Lake
Big Bang.
Knoxville, TN ....................
30. 1 day—3rd or 4th of July ........................
City of Paducah, KY .....................................
Paducah, KY ....................
31. 1 day—3rd or 4th of July ........................
City of Hickman, KY/Town Of Hickman Fireworks.
Hickman, KY ....................
32. 1 day—July 4th .......................................
City of Knoxville/Knoxville Festival on the
4th.
Nashville NCVC/Independence Celebration
Knoxville, TN ....................
Tennessee River, Miles 625.0–628.0 (Tennessee).
600 foot radius, from the fireworks launch
site, on the entrance jetty to Moors Resort and Marina, on the Tennessee River
at mile marker 30.5. (Kentucky).
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).
Ohio River, Miles 469.6–470.2 (Kentucky
and Ohio).
Ohio River, Miles 73.5–74.5 (West Virginia).
29. 1 day—July 3rd ......................................
33. 1 day in July ...........................................
34. 1 day in July ...........................................
35. 1 day—4th of July (Rain date—July 5th)
36. 1 day—July 4th .......................................
37. 1 day—July 4th .......................................
38.
39.
40.
41.
42.
43.
1
1
1
1
1
1
day—week of July 4th .........................
day—First week or weekend in July ...
day—week of July 4th .........................
day—First week of July .......................
day—First week of July .......................
day—First weekend or week in July ...
44. 1 day—First week or weekend in July ...
Nashville, TN ....................
Florence, AL .....................
Monongahela, PA ............
Newport, KY .....................
Wellsburg, WV .................
Wheeling, WV ..................
Ashland, KY .....................
Chester, WV .....................
Toronto, OH .....................
Cincinnati, OH ..................
Greenup, KY ....................
45. 1 day—First week or weekend in July ...
Gallia County Chamber of Commerce/Gallipolis River Recreation Festival.
Kindred Communications/Dawg Dazzle .......
Gallipolis, OH ...................
46. 1 day—First
47. 1 day—First
48. 1 day—First
49. 1 day—One
July.
50. 1 day—First
Greenup City ................................................
Middleport Community Association ..............
People for the Point Party in the Park .........
City of Bellevue, KY/Bellevue Beach Park
Concert Fireworks.
Pittsburgh 4th of July Celebration ................
Greenup, KY ....................
Middleport, OH .................
South Point, OH ...............
Bellevue, KY ....................
City of Charleston/City of Charleston Independence Day Celebration.
Portsmouth River Days ................................
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.
Steubenville fireworks ..................................
City of Maysville Fireworks ..........................
Charleston, WV ................
Portsmouth, OH ...............
Louisville, KY ...................
Louisville, KY ...................
Ohio River, Miles 602.0–605.0 (Kentucky).
Owensboro, KY ................
Ohio River, Miles 754.0–760.0 (Kentucky).
New Albany, IN ................
Counce, TN ......................
Steubenville, OH ..............
Maysville, KY ...................
Ohio River, Miles 606.5–609.6 (Indiana).
Tennessee-Tombigbee Waterway, Miles
448.5–451.0 (Tennessee).
Ohio River Mile 67.5- 68.5
Ohio River, Miles 408–409 (Kentucky).
Madison Regatta, Inc./Madison Regatta ......
Madison, IN ......................
Ohio River, Miles 554.0–561.0 (Indiana).
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.
Pittsburgh, PA ..................
Ohio River, Miles 7.0–9.0 (Pennsylvania).
Wheeling, WV ..................
Ohio River, Miles 90.0–90.5 (West Virginia).
Oakmont, PA ....................
Allegheny River, Miles 12.0–12.5 (Pennsylvania).
Marietta Riverfront Roar Fireworks ..............
Three Rivers Regatta ...................................
Marietta, OH .....................
Knoxville, TN ....................
66. 1 day—Last weekend in July or first
weekend in August.
67. 1 day—First week of August ..................
Fort Armstrong Folk Music Festival .............
Kittanning, PA ..................
Kittaning Folk Festival ..................................
Kittanning, PA ..................
68. 1 day—First week in August ..................
69. 1 day—First or second week of August
70. 1 day—Second full week of August .......
Gliers Goetta Fest LLC ................................
Bellaire All-American Days ...........................
PA FOB Fireworks Display ..........................
Newport, KY .....................
Bellaire, OH ......................
Pittsburgh, PA ..................
Ohio River, Miles 171.6–172.6 (Ohio).
Tennessee River, Miles 642–653 (Tennessee).
Allegheny River, Mile 45.1–45.5 (Pennsylvania).
Allegheny River, Miles 44.0–46.0 (Pennsylvania).
Ohio River, Miles 469.0–471.0.
Ohio River, Miles 93.5–94.5 (Ohio).
Allegheny River, Miles 0.8–1.0 (Pennsylvania).
week or weekend in July
week or weekend in July
week or weekend in July
of the first two weekends
...
...
...
in
Week of July ......................
52. 1 day—First week or weekend in July ...
53. 1 day—During the first week of July ......
54. 1 day—During the first week of July ......
55. 1 day—During the first week of July ......
56. 1 day—During the first week of July ......
57. 1 day in July ...........................................
58. 1 night in July .........................................
59. 1 day—During the first two weeks of
July.
60. 1 day—One of the first two weekends in
July.
61. 1 day—Third Saturday in July ................
62. 1 day—Third or fourth week in July .......
63. 1 day—Saturday Third or Fourth full
week of July (Rain date—following Sunday).
64. 2 days—One weekend in July ...............
65. 1 Day in July ...........................................
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Huntington, WV ................
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, Mile 58.2–58.8 (Ohio).
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).
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).
Ohio River, Miles 317–318 (Ohio).
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).
Ohio River, Miles 602.0–605.0 (Kentucky).
51. 1 day—First week or weekend in July ...
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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 .....................
Summer Motions Inc./Summer Motion .........
Chester Fireworks ........................................
Toronto 4th of July Fireworks ......................
Cincinnati Symphony Orchestra ..................
Queen’s Landing Fireworks .........................
Gilbertsville, KY ................
Pittsburgh, PA ..................
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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations
26841
TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector Ohio Valley
location
Safety zone
71. 1 day—Second Saturday in August .......
Guyasuta Days Festival/Borough of Sharpsburg.
Pittsburgh Foundation/Bob O’Connor Cookie Cruise.
Beaver River Regatta Fireworks ..................
Parkersburg Homecoming Festival-Fireworks.
Ravenswood River Festival .........................
Green Turtle Bay Resort/Grand Rivers Marina Day.
Pittsburgh, PA ..................
Allegheny River, Miles 005.5–006.0 (Pennsylvania).
Ohio River, Mile 0.0–0.5 (Pennsylvania).
72. 1 day—In the Month of August ..............
73. 1 day—Third week of August .................
74. 1 day—One weekend in August ............
75. 1 day—One weekend in August ............
76. 1 day—The second or third weekend of
August.
Beaver, PA .......................
Parkersburg, WV ..............
Ravenswood, WV ............
Grand Rivers, KY .............
77. 1 day—last 2 weekends in August/first
week of September.
78. Sunday, Monday, or Thursday from August through February.
Wheeling Dragon Boat Race .......................
Wheeling, WV ..................
Pittsburgh Steelers Fireworks ......................
Pittsburgh, PA ..................
79. 1 day—Labor day ...................................
Portsmouth, OH ...............
80. 1 day—one weekend before Labor Day
Portsmouth Labor Day Fireworks/Hamburg
Fireworks.
Riverfest/Riverfest Inc ..................................
81. 2 days—Sunday before Labor Day and
Labor Day.
Cincinnati Bell, WEBN, and Proctor and
Gamble/Riverfest.
Cincinnati, OH ..................
82. 1 day—Labor Day or first week of September.
83. 1 day in September ................................
Labor Day Fireworks Show ..........................
Marmet, WV .....................
Nashville Symphony/Concert Fireworks ......
Nashville, TN ....................
84. 1 day—Second weekend in September
City of Clarksville/Clarksville Riverfest .........
Clarksville, TN ..................
85. 3 days—Second or third week in September.
Wheeling Heritage Port Sternwheel Festival
Foundation/Wheeling
Heritage
Port
Sternwheel Festival.
Boomtown Days—Fireworks ........................
Wheeling, WV ..................
86. 1 day—One weekend in September ......
87. 1 day—One weekend in September ......
Nitro, WV ..........................
Nitro, WV ..........................
Ohio River Sternwheel Festival Committee
fireworks.
Tribute to the River ......................................
Point Pleasant, WV ..........
89. 1 day—One weekend in September ......
90. 1 day—Last two weekends in September.
91. Multiple days—September through January.
Aurora Fireworks ..........................................
Cabana on the River ....................................
Aurora, IN .........................
Cincinnati, OH ..................
University of Pittsburgh Athletic Department/University of Pittsburgh Fireworks.
Pittsburgh, PA ..................
92. 1 day—First three weeks of October .....
Leukemia & Lymphoma Society/Light the
Night.
Pittsburgh, PA ..................
93. 1 day in October .....................................
Nashville, TN ....................
94. 1 day—First two weeks in October ........
95. 1 day in October .....................................
Leukemia and Lymphoma Society/Light the
Night Walk Fireworks.
Yeatman’s Fireworks ....................................
Outdoor Chattanooga/Swim the Suck .........
Cincinnati, OH ..................
Chattanooga, TN ..............
96. 1 day in October .....................................
Chattajack ....................................................
Chattanooga, TN ..............
97. 1 day—One weekend in October ...........
West Virginia Motor Car Festival .................
Charleston, WV ................
98. 2 days—One of the last three weekends
in October.
99. 1 day—Friday before Thanksgiving .......
Monster Pumpkin Festival ............................
Pittsburgh, PA ..................
Pittsburgh, PA ..................
100. 1 day—Friday before Thanksgiving .....
Pittsburgh Downtown Partnership/Light Up
Night.
Kittanning Light Up Night Firework Display
Kittanning, PA ..................
101. 1 day—Friday before Thanksgiving .....
Santa Spectacular/Light up Night ................
Pittsburgh, PA ..................
102. 1 day—Friday before Thanksgiving .....
103. 1 day in November ...............................
Monongahela Holiday Show ........................
Friends of the Festival/Cheer at the Pier .....
Monongahela, PA ............
Chattanooga, TN ..............
104. 1 day—Third week of November .........
105. 1 day—December 31 ...........................
Gallipolis in Lights ........................................
Pittsburgh Cultural Trust/Highmark First
Night Pittsburgh.
University of Tennessee/UT Football Fireworks.
Gallipolis, OH ...................
Pittsburgh, PA ..................
88. 1 day—One weekend in September ......
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Pittsburgh, PA ..................
106. 7 days—Scheduled home games ........
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Marietta, OH .....................
Knoxville, TN ....................
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Ohio River, Miles 25.2–25.8 (Pennsylvania).
Ohio River, Miles 183.5–185.5 (West Virginia).
Ohio River, Miles 220–221 (West Virginia).
420 foot radius, from the fireworks launch
site, at the entrance to Green Turtle Bay
Resort, on the Cumberland River at mile
marker 31.5. (Kentucky).
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).
Ohio River, Mile 355.8–356.8 (Ohio)
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).
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).
Kanawha River, Miles 43.1–44.2 (West Virginia).
Ohio River, Miles 171.5–172.5 (Ohio).
Ohio River, Miles 264.6–265.6 (West Virginia).
Ohio River, Mile 496.3–497.3 (Ohio).
Ohio River, Mile 483.2–484.2 (Ohio).
Ohio River, Miles 0.0–0.1, Monongahela
River, Miles 0.0–0.1, Allegheny River,
Miles 0.0–0.25 (Pennsylvania).
Ohio River, Mile 0.0–0.5, Allegheny River,
Mile 0.0–0.5, and Monongahela River,
Mile 0.0–0.5 (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, Mile 0.0–0.25 (Pennsylvania).
Allegheny River, Miles 0.0–1.0 (Pennsylvania).
Allegheny River, Miles 44.5–45.5 (Pennsylvania).
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, 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).
18MYR1
26842
*
*
Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations
*
*
I. General Information
*
Dated: May 13, 2021.
A.M. Beach,
Captain, U. S. Coast Guard, Captain of the
Port Sector Ohio Valley.
A. What action is the Agency taking?
[FR Doc. 2021–10464 Filed 5–17–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 2
[EPA–HQ–OA–2020–0128, FRL–10024–07–
OP]
RIN 2010–AA15
EPA Guidance; Administrative
Procedures for Issuance and Public
Petitions; Rescission
B. What is the Agency’s authority for
taking this action?
Environmental Protection
Agency (EPA).
ACTION: Final rule; rescission of
regulations.
AGENCY:
In accordance with the
Presidential directive of January 20,
2021, ‘‘Revocation of Certain Executive
Orders Concerning Federal Regulation,’’
the Environmental Protection Agency
(EPA) is rescinding its October 19, 2020,
final rule establishing administrative
procedures for issuing Agency guidance
documents.
DATES: This final rule is effective on
May 18, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OA–2020–0128. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov. For information
on the EPA Docket Center services and
the current status, please visit us online
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Sharon Cooperstein, Policy and
Regulatory Analysis Division, Office of
Regulatory Policy and Management
(Mail Code 1803A), Environmental
Protection Agency, 1200 Pennsylvania
Avenue Northwest, Washington, DC
20460; telephone number: 202–564–
7051; email address:
cooperstein.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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15:42 May 17, 2021
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In accordance with E.O. 13992,
‘‘Revocation of Certain Executive Orders
Concerning Federal Regulation,’’ issued
by President Biden on January 20, 2021
(86 FR 7049, January 25, 2021), the EPA
is rescinding the final rule (85 FR
66230, October 19, 2020) that
established the procedures and
requirements regarding the issuance,
revision, and withdrawal of guidance
documents. The prior final rule was
promulgated to implement E.O. 13891,
‘‘Promoting the Rule of Law Through
Improved Agency Guidance
Documents’’ (84 FR 55235, October 15,
2019).
The revisions to the EPA’s policies
and requirements surrounding guidance
are matters of agency organization,
procedure, or practice that lack the force
and effect of law. Accordingly, the EPA
is not required to engage in a notice and
comment process to issue or revise
internal procedures under the
Administrative Procedure Act (APA).
See 5 U.S.C. 553(b)(3)(A), which
provides that an agency may issue
interpretive rules, general statements of
policy, or rules of agency organization,
procedure, or practice without
providing notice and an opportunity for
public comment. The EPA is providing
an immediate effective date for this
rulemaking because it is procedural
rather than substantive. The APA’s
requirement, 5 U.S.C. 553(d), that
substantive rules not be effective until at
least 30 days after publication in the
Federal Register is inapplicable because
this rulemaking is procedural.
II. Background
On October 9, 2019, President Trump
issued E.O. 13891, ‘‘Promoting the Rule
of Law Through Improved Agency
Guidance Documents.’’ The now
revoked E.O. 13891 provided a specific
definition of guidance documents and
required Federal agencies to finalize
regulations or amend existing
regulations to establish processes and
procedures for issuing guidance
documents, among other actions. On
October 19, 2020, the EPA published a
final rule consistent with E.O. 13891.
The final rule, codified at 40 CFR part
2, subpart D, established the EPA’s
policy and internal procedures for
issuing, modifying, withdrawing, and
using guidance documents; making
guidance documents available to the
public; and receiving and responding to
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petitions about guidance documents (85
FR 66230).
On January 20, 2021, President Biden
issued E.O. 13992, ‘‘Revocation of
Certain Executive Orders Concerning
Federal Regulation,’’ which revoked
E.O. 13891. E.O. 13992 states that it is
the policy of the Administration ‘‘to use
available tools to confront the urgent
challenges facing the Nation, including
the coronavirus disease 2019 (COVID–
19) pandemic, economic recovery, racial
justice, and climate change. To tackle
these challenges effectively, executive
departments and agencies (agencies)
must be equipped with the flexibility to
use robust regulatory action to address
national priorities. This order revokes
harmful policies and directives that
threaten to frustrate the Federal
Government’s ability to confront these
problems, and empowers agencies to
use appropriate regulatory tools to
achieve these goals.’’ Section 3 of E.O.
13992 directs agencies to take steps to
rescind any orders, rules, regulations,
guidelines or policies, or portions
thereof, implementing or enforcing the
revoked Executive orders.
III. Discussion
After consideration and review, the
EPA has concluded that the internal
rule on guidance deprives the EPA of
necessary flexibility in determining
when and how best to issue public
guidance based on particular facts and
circumstances, and unduly restricts the
EPA’s ability to provide timely guidance
on which the public can confidently
rely. Therefore, in accordance with E.O.
13992, the EPA is issuing this final rule
to rescind the subpart D regulations.
The EPA’s stated purpose in issuing
subpart D was to promote transparency
and public involvement in the
development and amendment of EPA
guidance documents. The EPA notes,
however, that the Agency has
historically employed procedures for
public transparency and involvement in
the development of all Agency actions,
including guidance, and will continue
these practices. The EPA will continue
to make Agency guidance available to
the public on the Agency’s website at
https://www.epa.gov. In addition, the
EPA will comply with all statutory
obligations pertaining to posting
documents for public accessibility. The
EPA will also continue its practice, as
appropriate, of soliciting stakeholder
input on guidance of significant
stakeholder and public interest.
Consistent with the APA, stakeholders
may still petition the EPA at any time
regarding our regulatory programs,
including requests to issue, amend, or
repeal EPA guidance, by contacting the
E:\FR\FM\18MYR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Rules and Regulations]
[Pages 26837-26842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10464]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0014]
RIN 1625-AA00
Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring
Safety Zones Update
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending and updating its safety zone
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 the Sector Ohio Valley.
When these safety zones are enforced, certain restrictions are placed
on marine traffic in specified areas.
DATES: This rule is effective May 18, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0014 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 Christopher Roble, Sector Ohio Valley, U.S.
Coast Guard; telephone (502)-779-5336, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of Responsibility
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
E.O. Executive Order
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
events in Coast Guard Sector Ohio Valley Area of Responsibility (AOR).
These events include air shows, fireworks displays, and other events
requiring a safety zone.
On February 24, 2021, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled, ``Safety Zones; Coast Guard Sector
Ohio Valley Annual and Recurring Safety Zones Update'' (86 FR 11198).
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 March 26, 2021, no comments
were received.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is necessary to respond to the potential safety hazards
associated with these events.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Coast
[[Page 26838]]
Guard is amending and updating the safety zones under 33 CFR part 165
to include the most up to date list of recurring safety zones for
events held on or around navigable waters within the Sector Ohio Valley
AOR. These events include fireworks displays, air shows, and festivals.
The current list in 33 CFR 165.801 requires amending to provide new
information on existing safety zones and to include new safety zones
expected to recur annually or biannually. Issuing individual
regulations for each new safety zone, amendment of existing safety
zones creates unnecessary administrative costs and burdens. This
rulemaking reduces administrative overhead and provides the public with
notice through publication in the Federal Register of the upcoming
recurring safety zones. Based on the nature of these 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 no comments on our NPRM published
February 24, 2021. There are no changes in the regulatory text of this
rule from the proposed rule on the NPRM.
This rule amends and updates part 165 or 33 CFR by revising the
current table for Sector Ohio Valley, and by adding two new recurring
safety zones as described in the NPRM. Vessels intending to transit the
designated waterway through the safety zone will only be allowed to
transit the area when the COTP, or a designated representative, has
deemed it safe to do so or at the completion of the event.
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. 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).
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
Notices to Mariners, Local Notices to Mariners, and Marine Safety
Information Broadcasts to inform the community of these safety 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 zones may be small entities, for the reasons stated in section
V.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
call or email 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.
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.
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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
[[Page 26839]]
category of actions that do not individually or cumulatively have a
significant effect on the human environment. It is categorically
excluded from further review under paragraph L of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination for each of
the safety zones will be made available in the docket before the event.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 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.
* * * * *
Table 1 of Sec. 165.801--Sector Ohio Valley Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
Sector Ohio Valley
Date Sponsor/name location Safety zone
----------------------------------------------------------------------------------------------------------------
1. 3 days--Third or Fourth weekend in Henderson Breakfast Henderson, KY.......... Ohio River, Miles 802.5-
April. Lions Club Tri-Fest. 805.5 (Kentucky).
2. Multiple days--April through Pittsburgh Pirates Pittsburgh, PA......... Allegheny River, Miles
November. Season Fireworks. 0.2-0.9
(Pennsylvania).
3. 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).
4. Multiple days--April through Pittsburgh Riverhounds Pittsburgh, PA......... Monongahela River,
November. Season Fireworks. Miles 0.22-0.77
(Pennsylvania).
5. 1 day--First week in May.......... Belterra Park Gaming Cincinnati, OH......... Ohio River, Miles 460.0-
Fireworks. 462.0 (Ohio).
6. 3 days in May..................... US Rowing Southeast Oak Ridge, TN.......... Clinch River, Miles
Youth Championship 48.5-52 (Tennessee).
Regatta.
7. 1 day--One Friday in May prior to Live on the Levee Charleston, WV......... Kanawha River, Mile
memorial day. Memorial Day Fireworks/ 58.1-59.1 (West
City of Charleston. Virginia).
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. 3 days in June.................... CMA Festival........... Nashville, TN.......... Cumberland River, Miles
190.7-191.1 extending
100 feet from the left
descending bank
(Tennessee)
10. 1 day in June.................... Cumberland River Nashville, TN.......... Cumberland River, Miles
Compact/Nashville 189.7-192.1
Splash Bash. (Tennessee).
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).
13. 1 day in June.................... Friends of the Chattanooga, TN........ Tennessee River, Miles
Festival, Inc./ 462.7-465.2
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. One weekend in June.............. Alzheimer's Water Wheeling, WV........... Ohio River Mile 90.3-
Lantern Festival/IC 91.8.
Care.
18. 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).
19. 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).
20. 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).
21. 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).
22. 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.
23. 1 day--Last week in June or first Newburgh Fireworks Newburgh, IN........... Ohio River, Miles 777.3-
week of July. Display. 778.3 (Indiana).
24. 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).
25. 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).
26. 1 day in July.................... Town of Cumberland City/ Cumberland City, TN.... Cumberland River, Miles
Lighting up the 103.0-105.5
Cumberlands. (Tennessee).
27. 1 day in July.................... Chattanooga Presents/ Chattanooga, TN........ Tennessee River, Miles
Pops on the River. 462.7-465.2
(Tennessee).
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28. 1 day in July.................... Randy Boyd/Independence Knoxville, TN.......... Tennessee River, Miles
Celebration Fireworks 625.0-628.0
Display. (Tennessee).
29. 1 day--July 3rd.................. Moors Resort and Marina/ Gilbertsville, KY...... 600 foot radius, from
Kentucky Lake Big Bang. the fireworks launch
site, on the entrance
jetty to Moors Resort
and Marina, on the
Tennessee River at
mile marker 30.5.
(Kentucky).
30. 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).
31. 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).
32. 1 day--July 4th.................. City of Knoxville/ Knoxville, TN.......... Tennessee River, Miles
Knoxville Festival on 646.3-648.7
the 4th. (Tennessee).
33. 1 day in July.................... Nashville NCVC/ Nashville, TN.......... Cumberland River, Miles
Independence 189.7-192.3
Celebration. (Tennessee).
34. 1 day in July.................... Shoals Radio Group/ Florence, AL........... Tennessee River, Miles
Spirit of Freedom 254.5-257.4 (Alabama).
Fireworks.
35. 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.
36. 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).
37. 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.
38. 1 day--week of July 4th.......... Wheeling Symphony Wheeling, WV........... Ohio River, Miles 90-92
fireworks. (West Virginia).
39. 1 day--First week or weekend in Summer Motions Inc./ Ashland, KY............ Ohio River, Miles 322.1-
July. Summer Motion. 323.1 (Kentucky).
40. 1 day--week of July 4th.......... Chester Fireworks...... Chester, WV............ Ohio River mile 42.0-
44.0 (West Virginia).
41. 1 day--First week of July........ Toronto 4th of July Toronto, OH............ Ohio River, Mile 58.2-
Fireworks. 58.8 (Ohio).
42. 1 day--First week of July........ Cincinnati Symphony Cincinnati, OH......... Ohio River, Miles 460.0-
Orchestra. 462.0 (Ohio).
43. 1 day--First weekend or week in Queen's Landing Greenup, KY............ Ohio River, Miles 339.3-
July. Fireworks. 340.3 (West Virginia).
44. 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.
45. 1 day--First week or weekend in Kindred Communications/ Huntington, WV......... Ohio River, Miles 307.8-
July. Dawg Dazzle. 308.8 (West Virginia).
46. 1 day--First week or weekend in Greenup City........... Greenup, KY............ Ohio River, Miles 335.2-
July. 336.2 (Kentucky).
47. 1 day--First week or weekend in Middleport Community Middleport, OH......... Ohio River, Miles 251.5-
July. Association. 252.5 (Ohio).
48. 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).
49. 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).
50. 1 day--First Week of July........ Pittsburgh 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).
51. 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.
52. 1 day--First week or weekend in Portsmouth River Days.. Portsmouth, OH......... Ohio River, Miles 355.5-
July. 357.0 (Ohio).
53. 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.
54. 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.
55. 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.
56. 1 day--During the first week of Riverfront Independence New Albany, IN......... Ohio River, Miles 606.5-
July. Festival Fireworks. 609.6 (Indiana).
57. 1 day in July.................... Grand Harbor Marina/ Counce, TN............. Tennessee-Tombigbee
Grand Harbor Marina Waterway, Miles 448.5-
July 4th Celebration. 451.0 (Tennessee).
58. 1 night in July.................. Steubenville fireworks. Steubenville, OH....... Ohio River Mile 67.5-
68.5
59. 1 day--During the first two weeks City of Maysville Maysville, KY.......... Ohio River, Miles 408-
of July. Fireworks. 409 (Kentucky).
60. 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).
61. 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.
62. 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.
63. 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).
64. 2 days--One weekend in July...... Marietta Riverfront Marietta, OH........... Ohio River, Miles 171.6-
Roar Fireworks. 172.6 (Ohio).
65. 1 Day in July.................... Three Rivers Regatta... Knoxville, TN.......... Tennessee River, Miles
642-653 (Tennessee).
66. 1 day--Last weekend in July or Fort Armstrong Folk Kittanning, PA......... Allegheny River, Mile
first weekend in August. Music Festival. 45.1-45.5
(Pennsylvania).
67. 1 day--First week of August...... Kittaning Folk Festival Kittanning, PA......... Allegheny River, Miles
44.0-46.0
(Pennsylvania).
68. 1 day--First week in August...... Gliers Goetta Fest LLC. Newport, KY............ Ohio River, Miles 469.0-
471.0.
69. 1 day--First or second week of Bellaire All-American Bellaire, OH........... Ohio River, Miles 93.5-
August. Days. 94.5 (Ohio).
70. 1 day--Second full week of August PA FOB Fireworks Pittsburgh, PA......... Allegheny River, Miles
Display. 0.8-1.0
(Pennsylvania).
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71. 1 day--Second Saturday in August. Guyasuta Days Festival/ Pittsburgh, PA......... Allegheny River, Miles
Borough of Sharpsburg. 005.5-006.0
(Pennsylvania).
72. 1 day--In the Month of August.... Pittsburgh Foundation/ Pittsburgh, PA......... Ohio River, Mile 0.0-
Bob O'Connor Cookie 0.5 (Pennsylvania).
Cruise.
73. 1 day--Third week of August...... Beaver River Regatta Beaver, PA............. Ohio River, Miles 25.2-
Fireworks. 25.8 (Pennsylvania).
74. 1 day--One weekend in August..... Parkersburg Homecoming Parkersburg, WV........ Ohio River, Miles 183.5-
Festival-Fireworks. 185.5 (West Virginia).
75. 1 day--One weekend in August..... Ravenswood River Ravenswood, WV......... Ohio River, Miles 220-
Festival. 221 (West Virginia).
76. 1 day--The second or third Green Turtle Bay Resort/ Grand Rivers, KY....... 420 foot radius, from
weekend of August. Grand Rivers Marina the fireworks launch
Day. site, at the entrance
to Green Turtle Bay
Resort, on the
Cumberland River at
mile marker 31.5.
(Kentucky).
77. 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).
78. 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).
79. 1 day--Labor day................. Portsmouth Labor Day Portsmouth, OH......... Ohio River, Mile 355.8-
Fireworks/Hamburg 356.8 (Ohio)
Fireworks.
80. 1 day--one weekend before Labor Riverfest/Riverfest Inc Nitro, WV.............. Kanawha River, Miles
Day. 43.1-44.2 (West
Virginia).
81. 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).
82. 1 day--Labor Day or first week of Labor Day Fireworks Marmet, WV............. Kanawha River, Miles
September. Show. 67.5-68 (West
Virginia).
83. 1 day in September............... Nashville Symphony/ Nashville, TN.......... Cumberland River, Miles
Concert Fireworks. 190.1-192.3
(Tennessee).
84. 1 day--Second weekend in City of Clarksville/ Clarksville, TN........ Cumberland River, Miles
September. Clarksville Riverfest. 124.5-127.0
(Tennessee).
85. 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.
86. 1 day--One weekend in September.. Boomtown Days-- Nitro, WV.............. Kanawha River, Miles
Fireworks. 43.1-44.2 (West
Virginia).
87. 1 day--One weekend in September.. Ohio River Sternwheel Marietta, OH........... Ohio River, Miles 171.5-
Festival Committee 172.5 (Ohio).
fireworks.
88. 1 day--One weekend in September.. Tribute to the River... Point Pleasant, WV..... Ohio River, Miles 264.6-
265.6 (West Virginia).
89. 1 day--One weekend in September.. Aurora Fireworks....... Aurora, IN............. Ohio River, Mile 496.3-
497.3 (Ohio).
90. 1 day--Last two weekends in Cabana on the River.... Cincinnati, OH......... Ohio River, Mile 483.2-
September. 484.2 (Ohio).
91. 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).
92. 1 day--First three weeks of Leukemia & Lymphoma Pittsburgh, PA......... Ohio River, Mile 0.0-
October. Society/Light the 0.5, Allegheny River,
Night. Mile 0.0-0.5, and
Monongahela River,
Mile 0.0-0.5
(Pennsylvania).
93. 1 day in October................. Leukemia and Lymphoma Nashville, TN.......... Cumberland River, Miles
Society/Light the 189.7-192.1
Night Walk Fireworks. (Tennessee).
94. 1 day--First two weeks in October Yeatman's Fireworks.... Cincinnati, OH......... Ohio River, Miles 469.0-
470.5 (Ohio).
95. 1 day in October................. Outdoor Chattanooga/ Chattanooga, TN........ Tennessee River, Miles
Swim the Suck. 452.0-454.5
(Tennessee).
96. 1 day in October................. Chattajack............. Chattanooga, TN........ Tennessee River, Miles
462.7-465.5
(Tennessee).
97. 1 day--One weekend in October.... West Virginia Motor Car Charleston, WV......... Kanawha River, Miles 58-
Festival. 59 (West Virginia).
98. 2 days--One of the last three Monster Pumpkin Pittsburgh, PA......... Allegheny River, Mile
weekends in October. Festival. 0.0-0.25
(Pennsylvania).
99. 1 day--Friday before Thanksgiving Pittsburgh Downtown Pittsburgh, PA......... Allegheny River, Miles
Partnership/Light Up 0.0-1.0
Night. (Pennsylvania).
100. 1 day--Friday before Kittanning Light Up Kittanning, PA......... Allegheny River, Miles
Thanksgiving. Night Firework Display. 44.5-45.5
(Pennsylvania).
101. 1 day--Friday before Santa Spectacular/Light Pittsburgh, PA......... Ohio River, Mile 0.0-
Thanksgiving. up Night. 0.5, Allegheny River,
Mile 0.0-0.5, and
Monongahela River,
Mile 0.0-0.5
(Pennsylvania).
102. 1 day--Friday before Monongahela Holiday Monongahela, PA........ Ohio River, Miles 31.5-
Thanksgiving. Show. 32.5 (Pennsylvania).
103. 1 day in November............... Friends of the Festival/ Chattanooga, TN........ Tennessee River, Miles
Cheer at the Pier. 462.7-465.2
(Tennessee).
104. 1 day--Third week of November... Gallipolis in Lights... Gallipolis, OH......... Ohio River, Miles 269.2-
270 (Ohio).
105. 1 day--December 31.............. Pittsburgh Cultural Pittsburgh, PA......... Allegheny River, Miles
Trust/Highmark First 0.5-1.0
Night Pittsburgh. (Pennsylvania).
106. 7 days--Scheduled home games.... University of Tennessee/ Knoxville, TN.......... Tennessee River, Miles
UT Football Fireworks. 645.6-648.3
(Tennessee).
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[[Page 26842]]
* * * * *
Dated: May 13, 2021.
A.M. Beach,
Captain, U. S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-10464 Filed 5-17-21; 8:45 am]
BILLING CODE 9110-04-P
