Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update, 18802-18808 [2024-05586]
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Federal Register / Vol. 89, No. 52 / Friday, March 15, 2024 / Rules and Regulations
(2) Proceed south-southeast in a
straight line 4.1 miles to the intersection
of Orwood Road and the Mokelumne
Aqueduct; then
(3) Proceed south-southwest in a
straight line 5.5 miles, crossing onto the
Clifton Court Forebay map, to the
stream gauging station on Italian
Slough, just west of the Widdows Island
and the shared Contra Costa–San
Joaquin County line; then
(4) Proceed due west in a straight line
to the western shore of Italian Slough,
then proceed southwesterly along the
western shore Italian Slough to its
confluence with Brushy Creek; then
(5) Proceed westerly along Brushy
Creek, crossing onto the Byron Hot
Springs map and continuing
southwesterly along the creek to its
intersection with Vasco Road; then
(6) Proceed northwest in a straight
line 4.3 miles to the intersection of
Kellogg Creek and Walnut Boulevard;
then
(7) Proceed west-southwest in a
straight line 2.9 miles, crossing onto the
Tassajara map, to the intersection of
Marsh Creek and Miwok Trail; then
(8) Proceed northwesterly along
Marsh Creek 2.4 miles, crossing onto the
Antioch South map, to the creek’s
intersection with Deer Valley Road; then
(9) Proceed northerly along Deer
Valley Road 3.1 miles to its intersection
with Chadbourne Road; then
(10) Proceed northwest in a straight
line 0.6 mile to the southwestern
terminus of Tour Way; then
(11) Proceed northwest in a straight
line 3 miles to the intersection of Oil
Canyon Trail, Stewartville Trail, and
Chadbourne Road; then
(12) Proceed northeasterly along
Stewartville Trail 1.9 miles to its
intersection with the Contra Loma Trail;
then
(13) Proceed northwest in a straight
line 2.5 miles to the intersection of
Somersville Road and Donlan
Boulevard; then
(14) Proceed west-southwest in a
straight line 2.5 miles, crossing onto the
Clayton map, to the intersection of
Nortonville Road and Kirker Pass Road;
then
(15) Proceed southwesterly along
Kirker Pass Road 5 miles to its
intersection with Alberta Way; then
(16) Proceed southwest in a straight
line 1.5 miles to the intersection of
Buckeye Trail, Blue Oak Trail, and Lime
Ridge Trail; then
(17) Proceed south-southeast in a
straight line 2.6 miles to the intersection
of Arroyo Cerro Del and the 400-foot
elevation contour just east of North Gate
Road; then
(18) Proceed northwest in a straight
line 2.5 miles, crossing onto the Walnut
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Creek map (2018 edition), to the
intersection of Brodia Way and La Casa
Via; then
(19) Proceed west-northwest in a
straight line, crossing onto the Walnut
Creek (1995 edition) map, and continue
3.1 miles on the 1995 edition map to the
marked 781-foot peak south of the
shared Lafayette-Walnut Creek
corporate boundary line and north of an
unnamed light-duty road known locally
as Peaceful Lane; then
(20) Proceed northwest in a straight
line 1.7 miles to the 833-foot peak
marked ‘‘Hump 2’’; then
(21) Proceed north-northwest 0.5 mile
to the water tank (known locally as the
Withers Reservoir) at the end of an
unnamed light-duty road known locally
as Kim Road, in the Can˜ada del Hambre
y Las Bolsas Land Grant; then
(22) Proceed northwest in a straight
line 3 miles, crossing onto the Briones
Valley map, to the intersection of
Alhambra Creek Road and Alhambra
Valley Road; then
(23) Proceed northwest in a straight
line 4.1 miles, crossing onto the Benicia
map, to the intersection of Highway 4
and Cummings Skyway; then
(24) Proceed north-northwest in a
straight line 1.8 miles to the intersection
of Carquinez Scenic Drive and an
unnamed road known locally as Canyon
Lake Drive; then
(25) Proceed northeasterly in a
straight line 0.6 mile to the marked post
office in Port Costa; then
(26) Proceed southeast in a straight
line 0.9 mile to the first unnamed road
that crosses the railroad tracks and
intersects with the shoreline at Little
Bull Valley; then
(27) Proceed easterly along the
shoreline approximately 38.3 miles,
crossing over the Vine Hill, Honker Bay,
and Antioch North maps and onto the
Jersey Island map to Bethel Island Road;
then
(28) Proceed southeast in a straight
line 0.7 mile to the intersection of Wells
Road and Sandmound Boulevard; then
(29) Proceed northeast in a straight
line 2.7 miles, crossing onto the Bouldin
Island map and returning to the
beginning point.
Signed: March 8, 2024.
Mary G. Ryan,
Administrator.
Approved: March 8, 2024.
Aviva R. Aron-Dine,
Acting Assistant Secretary for Tax Policy.
[FR Doc. 2024–05476 Filed 3–14–24; 8:45 am]
BILLING CODE 4810–31–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0904]
RIN 1625–AA11
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 of
responsibility (AOR). 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.
SUMMARY:
This rule is effective on March
15, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0904 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
email Petty Officer Dalton Johnson,
Sector Ohio Valley, U.S. Coast Guard;
telephone 502–779–5347, email
Dalton.A.Johnson@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
AOR Area of Responsibility
COTP Captain of the Port Sector Ohio
Valley
CFR Code of Federal Regulations
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 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
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include air shows, fireworks displays,
and other events requiring a safety zone.
On January 23, 2024, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety
Zones; Coast Guard Sector Ohio Valley
Annual and Recurring Safety Zones
Update’’ (89 FR 4221). 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 February 22, 2024, 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 impracticable
because immediate action is needed to
ensure the safety of the events occurring
in April.
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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
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 changes 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
January 23, 2024. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule amends and updates part
165 of 33 CFR by revising the current
table for Sector Ohio Valley, and by
adding three new recurring safety zones
and amending two 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 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, as amended by
Executive Order 14094 (Modernizing
Regulatory Review). 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
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18803
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 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
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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
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 L60a of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. 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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. In § 165.801, revise and republish
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 TO § 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. 2 days—Third Friday and Saturday
in April.
3. Multiple days—April through November.
4. Multiple days—April through November.
Henderson Breakfast Lions Club TriFest.
Thunder Over Louisville ....................
Henderson, KY ..............
Pittsburgh Pirates Season Fireworks
Pittsburgh, PA ................
Cincinnati Reds Season Fireworks ...
Cincinnati, OH ................
5. Multiple days—April through November.
6. 1 day—First week in May ...............
Pittsburgh Riverhounds Season Fireworks.
Belterra Park Gaming Fireworks .......
Pittsburgh, PA ................
7. 1 day—Recurring one weekend in
May and June, and on July 4th.
Live on the Levee Fireworks .............
(Previously Live on the Levee Memorial Day fireworks).
Venture Outdoors Festival .................
Charleston, WV ..............
Ohio River, Miles 802.5–805.5 (Kentucky).
Ohio River, Mile 597.0–604.0 (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).
Kanawha River, Mile 58.1–59.1
(West Virginia).
Ironton-Lawrence County Memorial
Day Fireworks.
West Virginia Symphony Orchestra/
Symphony Sunday.
CMA Festival .....................................
Ironton, OH ....................
Cumberland River Compact/Nashville
Splash Bash.
Rice’s Landing Riverfest ....................
Nashville, TN .................
City of Newport, KY/Italianfest ..........
Newport, KY ...................
Friends of the Festival, Inc./
Riverbend Festival Fireworks.
Junteenth/Black Complex of Louisville.
CMA Festival Fireworks ....................
Chattanooga, TN ...........
8. 1 day—Saturday before Memorial
Day.
9. 1 day—Saturday before Memorial
Day.
10. 1 day—First Sunday in June ........
11. 3 days in June ..............................
12. 1 day in June ................................
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13. 2 days—A weekend in June ........
14. 2 days—Second Friday and Saturday in June.
15. 1 day in June ................................
16. 1 day in June ................................
17. 1 day in June ................................
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Louisville, KY .................
Cincinnati, OH ................
Pittsburgh, PA ................
Charleston, WV ..............
Nashville, TN .................
Rice’s Landing, PA ........
Louisville, KY .................
Nashville, TN .................
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Allegheny River, Miles 0.0–0.25;
Monongahela River, Miles 0.0–
0.25 (Pennsylvania).
Ohio River, Mile 328 (West Virginia).
Kanawha River, Miles 59.5–60.5
(West Virginia).
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 603.5–604.5.
Cumberland River 190–191 (Tennessee).
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TABLE 1 TO § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector Ohio
Valley location
18. 1 day—Second or Third week of
June.
19. 3 days—One of the last three
weekends in June.
20. One weekend in June ..................
TriState Pottery Festival Fireworks ...
East Liverpool, OH ........
Ohio River, Miles 42.5–45.0 (Ohio).
Hadi Shrine/Evansville Freedom Festival Air Show.
Alzheimer’s Water Lantern Festival/
IC Care.
Riverview Park Independence Festival.
City of Point Pleasant/Point Pleasant
Sternwheel Fireworks.
Evansville, IN .................
Ohio River, Miles 790.0–796.0 (Indiana).
Ohio River Mile 90.3–91.8.
23. 1 day—Last weekend in June or
first weekend in July.
City of Aurora/Aurora Riverfront
Beautification-Red, White, and
Boom.
Aurora, IN ......................
24. 1 day—Last week of June or first
week of July.
25. 1 day—Last weekend in June or
first week in July.
26. 1 day—Last week in June or First
week in July.
27. 1 day—Weekend before the 4th
of July.
PUSH Beaver County/Beaver County
Boom.
Evansville Freedom Celebration/4th
of July Fireworks.
Rising Sun Fireworks ........................
Beaver, PA .....................
Kentucky Dam Marine/Kentucky Dam
Marina Fireworks.
Gilbertsville, KY .............
28. 1 day—First or Second weekend
in July.
29. 1 day in July .................................
Rivesville Firework Show ..................
Rivesville, WV ................
Clarksville Independence Day Fireworks.
Gallatin Marina Fireworks ..................
Ashland City, TN ............
Town of Cumberland City/Lighting up
the Cumberlands.
Chattanooga Presents/Pops on the
River.
Randy Boyd/Independence Celebration Fireworks Display.
Moors Resort and Marina/Kentucky
Lake Big Bang.
Cumberland City, TN .....
35. 1 day—3rd or 4th of July ..............
City of Paducah, KY ..........................
Paducah, KY ..................
36. 1 day—3rd or 4th of July ..............
City of Hickman, KY/Town Of Hickman Fireworks.
Hickman, KY ..................
37. 1 day—July 4th .............................
Knoxville, TN ..................
43. 1 day—week of 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 ..........
44. 1 day—First week or weekend in
July.
Summer Motions Inc./Summer Motion.
Ashland, KY ...................
21. 1 day—Last weekend in June or
first weekend in July.
22. 1 day—Last weekend in June or
First weekend in July.
30. 1 day in July .................................
31. 1 day in July .................................
32. 1 day in July .................................
33. 1 day in July .................................
34. 1 day—July 3rd ............................
38. 1 day in July .................................
39. 1 day in July .................................
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40. 1 day—4th of July (Rain date—
July 5th).
41. 1 day—July 4th .............................
42. 1 day—July 4th .............................
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Wheeling, WV ................
Louisville, KY .................
Point Pleasant, WV ........
Evansville, IN .................
Rising Sun, IN ................
Gallatin, TN ....................
Chattanooga, TN ...........
Knoxville, TN ..................
Gilbertsville, KY .............
Nashville, TN .................
Florence, AL ..................
Monongahela, PA ..........
Newport, KY ...................
Wellsburg, WV ...............
Wheeling, WV ................
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Safety zone
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; 1,400 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 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).
Monongahela River, Miles 122–124
(West Virginia).
Cumberland River, Miles 127–129
(Tennessee).
Cumberland River, Miles 236.5–
237.5 (Tennessee).
Cumberland River, Miles 103.0–
105.5 (Tennessee).
Tennessee River, Miles 462.7–465.2
(Tennessee).
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, Miles 032.0–
033.0 (Pennsylvania).
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).
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TABLE 1 TO § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector Ohio
Valley location
Safety zone
45. 1 day—week of July 4th ...............
Chester Fireworks .............................
Chester, WV ..................
46. 1 day—First week of July .............
47. 1 day—First week of July .............
Toronto 4th of July Fireworks ............
Cincinnati Symphony Orchestra ........
Toronto, OH ...................
Cincinnati, OH ................
48. 1 day—First week or weekend in
July.
Gallia County Chamber of Commerce/Gallipolis River Recreation
Festival.
Kindred Communications/Dawg Dazzle.
Greenup City .....................................
Gallipolis, OH .................
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 269.5–270.5
(Ohio).
Middleport Community Association ...
Middleport, OH ...............
People for the Point Party in the
Park.
City of Bellevue, KY/Bellevue Beach
Park Concert Fireworks.
Pittsburgh 4th of July Celebration .....
South Point, OH .............
City of Charleston/City of Charleston
Independence Day Celebration.
Portsmouth River Days .....................
Charleston, WV ..............
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 ................
Louisville, KY .................
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, Miles 12.0–12.5
(Pennsylvania).
Marietta Riverfront Roar Fireworks ...
Marietta, OH ..................
69. 1 day—Last weekend in July or
first weekend in August.
70. 1 day in August ............................
Fort Armstrong Folk Music Festival ..
Kittanning, PA ................
Music City Grand Prix Fireworks .......
Nashville, TN .................
71. 1 day in August ............................
Wheeling Water Lantern Tribute .......
Wheeling, WV ................
72. 1 day in August ............................
Nashville ASAE Fireworks .................
Nashville, TN .................
73. 3 Days in August ..........................
Music City Grand Prix .......................
Nashville, TN .................
74. 1 day—First week in August ........
75. 1 day—First or second week of
August.
76. 1 day—Second full week of August.
77. 1 day—Second Saturday in August.
78. 1 day—In the Month of August ....
Gliers Goetta Fest LLC .....................
Bellaire All-American Days ................
Newport, KY ...................
Bellaire, OH ...................
Ohio River, Miles 171.6–172.6
(Ohio).
Allegheny River, Mile 45.1–45.5
(Pennsylvania).
Cumberland River 190–191 (Tennessee).
Ohio River, Miles 90–92 (West Virginia).
Cumberland River 190–191 (Tennessee).
Cumberland River 190–191 (Tennessee).
Ohio River, Miles 469.0–471.0.
Ohio River, Miles 93.5–94.5 (Ohio).
PA FOB Fireworks Display ................
Pittsburgh, PA ................
Guyasuta Days Festival/Borough of
Sharpsburg.
Pittsburgh Foundation/Bob O’Connor
Cookie Cruise.
Pittsburgh, PA ................
49. 1 day—First week or weekend in
July.
50. 1 day—First week or weekend in
July.
51. 1day—First week or weekend in
July.
52. 1 day—First week or weekend in
July.
53. 1 day—One of the first two weekends in July.
54. 1 day—First Week of July ............
55. 1 day—First week or weekend in
July.
56. 1 day—First week or weekend in
July.
57. 1 day—During the first week of
July.
58. 1 day—During the first week of
July.
59. 1 day—During the first week of
July.
60. 1 day—During the first week of
July.
61. 1 day in July .................................
62. 1 night in July ...............................
63. 1 day—During the first two weeks
of July.
64. 1 day—One of the first two weekends in July.
65. 1 day—Third Saturday in July ......
66. 1 day—Third or fourth week in
July.
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67. 1 day—Saturday Third or Fourth
full week of July (Rain date—following Sunday).
68. 2 days—One weekend in July .....
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Huntington, WV ..............
Greenup, KY ..................
Bellevue, KY ..................
Pittsburgh, PA ................
Portsmouth, OH .............
Louisville, KY .................
Owensboro, KY ..............
New Albany, IN ..............
Counce, TN ....................
Steubenville, OH ............
Maysville, KY .................
Pittsburgh, PA ................
Wheeling, WV ................
Pittsburgh, PA ................
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Ohio River,
Virginia).
Ohio River,
tucky).
Ohio River,
(Ohio).
Ohio River,
Miles 307.8–308.8 (West
Miles 335.2–336.2 (KenMiles 251.5–252.5
Miles 317–318 (Ohio).
Ohio River, Miles 468.2–469.2 (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).
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 Mile 67.5–68.5.
Ohio River, Miles 408–409 (Kentucky).
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).
Allegheny River, Miles 0.8–1.0
(Pennsylvania).
Allegheny River, Miles 005.5–006.0
(Pennsylvania).
Ohio River, Mile 0.0–0.5 (Pennsylvania).
15MRR1
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18807
TABLE 1 TO § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector Ohio
Valley location
Safety zone
79. 1 day—Third week of August .......
Beaver River Regatta Fireworks .......
Beaver, PA .....................
80. 1 day—One weekend in August ..
Parkersburg, WV ...........
81. 1 day—One weekend in August ..
Parkersburg Homecoming FestivalFireworks.
Ravenswood River Festival ...............
82. 1 day—The second or third weekend of August.
Green Turtle Bay Resort/Grand Rivers Marina Day.
Grand Rivers, KY ...........
83. 1 day—last 2 weekends in August/first week of September.
84. 1 day—One weekend in the
month of August or September.
85. Sunday, Monday, or Thursday
from August through February.
Wheeling Dragon Boat Race .............
Wheeling, WV ................
Owensboro Fireworks and Bridge
Lights show.
Pittsburgh Steelers Fireworks ...........
Owensboro, KY ..............
86. 1 day—One weekend before
Labor Day.
87. 1 day—The weekend of Labor
Day.
88. 1 day—Labor day Weekend .........
Riverfest/Riverfest Inc .......................
Nitro, WV .......................
Newburgh Fireworks Display .............
Newburgh, IN .................
Catlettsburg Labor Day Fireworks .....
Catlettsburg, KY .............
89. 2 days—Sunday before Labor
Day and Labor Day.
Cincinnati Bell, WEBN, and Proctor
and Gamble/Riverfest.
Cincinnati, OH ................
90. 1 day in September ......................
Nashville Symphony/Concert Fireworks.
City of Clarksville/Clarksville
Riverfest.
Wheeling Heritage Port Sternwheel
Festival Foundation/Wheeling Heritage Port Sternwheel Festival.
Ohio River Sternwheel Festival Committee fireworks.
Tribute to the River ............................
Nashville, TN .................
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).
Ohio River, Miles 756–757 (Kentucky).
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 777.3–778.3 (Indiana).
Ohio River (Mile 317–317.5) Kentucky.
Ohio River, Miles 469.2–470.5 (Kentucky and Ohio) and Licking River,
Miles 0.0–3.0 (Kentucky).
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).
Aurora Fireworks ...............................
Aurora, IN ......................
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).
Cabana on the River .........................
Cincinnati, OH ................
Ohio River, Mile 483.2–484.2 (Ohio).
University of Pittsburgh Athletic Department/University of Pittsburgh
Fireworks.
Pittsburgh, PA ................
98. 1 day—First three weeks of October.
Leukemia & Lymphoma Society/Light
the Night.
Pittsburgh, PA ................
99. 1 day in October ...........................
Leukemia and Lymphoma Society/
Light the Night Walk Fireworks.
Yeatman’s Fireworks .........................
Nashville, TN .................
West Virginia Motor Car Festival ......
Charleston, WV ..............
102. 2 days—One of the last three
weekends in October.
103. 1 day—Within two weeks of
Thanksgiving.
104. 1 day—Friday before Thanksgiving.
105. 1 day—within 2 weeks of
Thanksgiving.
Monster Pumpkin Festival .................
Pittsburgh, PA ................
Pittsburgh Downtown Partnership/
Light Up Night.
Kittanning Light Up Night Firework
Display.
Santa Spectacular/Light up Night ......
Pittsburgh, PA ................
106. 1 day—Friday before Thanksgiving.
Monongahela Holiday Show ..............
Monongahela, PA ..........
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).
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).
91. 1 day—Second weekend in September.
92. 3 days—Second or third week in
September.
93. 1 day—One weekend in September.
94. 1 day—One weekend in September.
95. 1 day—One weekend in September.
96. 1 day—Last two weekends in
September.
97. Multiple days—September
through January.
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100. 1 day—First two weeks in October.
101. 1 day—One weekend in October
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Ravenswood, WV ..........
Pittsburgh, PA ................
Clarksville, TN ................
Wheeling, WV ................
Marietta, OH ..................
Point Pleasant, WV ........
Cincinnati, OH ................
Kittanning, PA ................
Pittsburgh, PA ................
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18808
Federal Register / Vol. 89, No. 52 / Friday, March 15, 2024 / Rules and Regulations
TABLE 1 TO § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
107. 1 day in November .....................
Safety zone
Friends of the Festival/Cheer at the
Pier.
Chattanooga, TN ...........
Tennessee River, Miles 462.7–465.2
(Tennessee).
National Highway Traffic
Safety Administration.
ACTION: Final rule.
or comments received, go to https://
www.regulations.gov, and/or: Docket
Management Facility, M–30, U.S.
Department of Transportation, West
Building, Ground Floor, Rm. W12–140,
1200 New Jersey Avenue SE,
Washington, DC 20590. The DOT
Docket Management Facility is open
between 9 a.m. and 5 p.m. Eastern
Standard Time (EST), Monday through
Friday, except Federal holidays. Please
call ahead if you plan to drop off or pick
up a document to ensure someone is
available to assist you. The Docket
Management Facility can be reached at
(202) 366–9826 or (202) 366–9317 to
arrange a drop off/pick up.
FOR FURTHER INFORMATION CONTACT:
Seiar Zia, Deputy Division Chief, Fuel
Economy Division, Office of
Rulemaking, National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590;
email: seiar.zia@dot.gov.
SUPPLEMENTARY INFORMATION:
III. Statutory Authority and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
Table of Contents
I. General Information
The National Highway Traffic
Safety Administration (NHTSA) is
finalizing minor technical amendments
to the test procedures for heavy-duty
engines and vehicles to improve
accuracy and reduce testing burden.
These amendments affect the
certification procedures for fuel
efficiency standards and related
requirements. These amendments
increase compliance flexibility,
harmonize with other requirements, add
clarity, correct errors, and streamline
the regulations. Given the nature of
these changes, NHTSA does not expect
either significant environmental impacts
or significant economic impacts for any
sector.
DATES: This final rule is effective on
May 14, 2024.
ADDRESSES: NHTSA has established a
docket for this action under Docket ID:
NHTSA–2020–0079. For access to the
dockets to read background documents
I. General Information
A. Does this action apply to me?
B. What action is the Agency taking?
C. What are the incremental costs and
benefits of this action?
II. Medium and Heavy-Duty Fuel Efficiency
Program Technical Amendments
A. Overview of the Medium and HeavyDuty Fuel Efficiency Program
B. Public Participation Opportunities and
Summary of Comments
C. Overview of the Final Rule
D. Authority Citation for Part 535
E. 49 CFR 535.1 Scope
F. 49 CFR 535.3 Applicability
G. 49 CFR 535.4 Definitions
H. 49 CFR 535.5 Standards
I. 49 CFR 535.6 Measurement and
Calculation Procedures
J. 49 CFR 535.7 Averaging, Banking, and
Trading (ABT) Credit Program
K. 49 CFR 535.8 Reporting and
Recordkeeping Requirements
L. 49 CFR 535.9 Enforcement Approach
M. 49 CFR 535.10 How do manufacturers
comply with fuel consumption
standards?
A. Does this action apply to me?
*
*
*
*
*
Dated: March 11, 2024.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2024–05586 Filed 3–14–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 535
[NHTSA–2020–0079]
RIN 2127–AM28
Improvements for Heavy-Duty Engine
and Vehicle Fuel Efficiency Test
Procedures, and Other Technical
Amendments
AGENCY:
SUMMARY:
khammond on DSKJM1Z7X2PROD with RULES
Sector Ohio
Valley location
Sponsor/name
NAICS codes 1
Category
Industry ...................
This action will affect companies that
manufacture, sell, or import into the
United States new heavy-duty engines
and new Class 2b through 8 trucks,
including combination tractors, buses,
vocational vehicles including
municipal, commercial, recreational
vehicles, and 3⁄4-ton and 1-ton pickup
trucks and vans. The heavy-duty
category incorporates all motor vehicles
with a gross vehicle weight rating of
8,501 lbs. or greater, and the engines
that power them, except for mediumduty passenger vehicles covered by the
corporate average fuel economy
standards and greenhouse gas standards
issued for light-duty vehicles. The
regulations for the Medium- and HeavyDuty Vehicle Fuel Efficiency Program
are found at 49 CFR part 535.
Regulated categories and entities
include the following:
Examples of potentially regulated entities
333618, 336111, 336112, 336120, 336211, 336212,
336611, 336911, 336999.
Motor vehicle manufacturers and engine manufacturers.
1 North American Industry Classification System
(NAICS).
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]]>Agencies
[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
[Rules and Regulations]
[Pages 18802-18808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05586]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0904]
RIN 1625-AA11
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 of responsibility (AOR). 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 on March 15, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0904 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Dalton Johnson, Sector Ohio Valley, U.S.
Coast Guard; telephone 502-779-5347, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of Responsibility
COTP Captain of the Port Sector Ohio Valley
CFR Code of Federal Regulations
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 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
[[Page 18803]]
include air shows, fireworks displays, and other events requiring a
safety zone.
On January 23, 2024, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Safety Zones; Coast Guard Sector Ohio Valley
Annual and Recurring Safety Zones Update'' (89 FR 4221). 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 February 22, 2024, 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 impracticable because immediate action is needed to
ensure the safety of the events occurring in April.
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 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 changes 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
January 23, 2024. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule amends and updates part 165 of 33 CFR by revising the
current table for Sector Ohio Valley, and by adding three new recurring
safety zones and amending two 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
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, as amended by
Executive Order 14094 (Modernizing Regulatory Review). 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 zone 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
[[Page 18804]]
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 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 L60a of Appendix A, Table
1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. 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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. In Sec. 165.801, revise and republish 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 To Sec. 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 Henderson Breakfast Henderson, KY..................... Ohio River, Miles
weekend in April. Lions Club Tri-Fest. 802.5-805.5
(Kentucky).
2. 2 days--Third Friday and Thunder Over Louisville, KY.................... Ohio River, Mile
Saturday in April. Louisville. 597.0-604.0
(Kentucky).
3. Multiple days--April through Pittsburgh Pirates Pittsburgh, PA.................... Allegheny River,
November. Season Fireworks. Miles 0.2-0.9
(Pennsylvania).
4. Multiple days--April through Cincinnati Reds Cincinnati, OH.................... Ohio River, Miles
November. Season Fireworks. 470.1-470.4;
extending 500 ft.
from the State of
Ohio shoreline
(Ohio).
5. Multiple days--April through Pittsburgh Pittsburgh, PA.................... Monongahela River,
November. Riverhounds Season Miles 0.22-0.77
Fireworks. (Pennsylvania).
6. 1 day--First week in May...... Belterra Park Gaming Cincinnati, OH.................... Ohio River, Miles
Fireworks. 460.0-462.0
(Ohio).
7. 1 day--Recurring one weekend Live on the Levee Charleston, WV.................... Kanawha River, Mile
in May and June, and on July 4th. Fireworks. 58.1-59.1 (West
(Previously Live on Virginia).
the Levee Memorial
Day fireworks).
8. 1 day--Saturday before Venture Outdoors Pittsburgh, PA.................... Allegheny River,
Memorial Day. Festival. Miles 0.0-0.25;
Monongahela River,
Miles 0.0-0.25
(Pennsylvania).
9. 1 day--Saturday before Ironton-Lawrence Ironton, OH....................... Ohio River, Mile
Memorial Day. County Memorial Day 328 (West
Fireworks. Virginia).
10. 1 day--First Sunday in June.. West Virginia Charleston, WV.................... Kanawha River,
Symphony Orchestra/ Miles 59.5-60.5
Symphony Sunday. (West Virginia).
11. 3 days in June............... CMA Festival........ Nashville, TN..................... Cumberland River,
Miles 190.7-191.1
extending 100 feet
from the left
descending bank
(Tennessee).
12. 1 day in June................ Cumberland River Nashville, TN..................... Cumberland River,
Compact/Nashville Miles 189.7-192.1
Splash Bash. (Tennessee).
13. 2 days--A weekend in June.... Rice's Landing Rice's Landing, PA................ Monongahela River,
Riverfest. Miles 68.0-68.8
(Pennsylvania).
14. 2 days--Second Friday and City of Newport, KY/ Newport, KY....................... Ohio River, Miles
Saturday in June. Italianfest. 468.6-471.0
(Kentucky and
Ohio).
15. 1 day in June................ Friends of the Chattanooga, TN................... Tennessee River,
Festival, Inc./ Miles 462.7-465.2
Riverbend Festival (Tennessee).
Fireworks.
16. 1 day in June................ Junteenth/Black Louisville, KY.................... Ohio River, Miles
Complex of 603.5-604.5.
Louisville.
17. 1 day in June................ CMA Festival Nashville, TN..................... Cumberland River
Fireworks. 190-191
(Tennessee).
[[Page 18805]]
18. 1 day--Second or Third week TriState Pottery East Liverpool, OH................ Ohio River, Miles
of June. Festival Fireworks. 42.5-45.0 (Ohio).
19. 3 days--One of the last three Hadi Shrine/ Evansville, IN.................... Ohio River, Miles
weekends in June. Evansville Freedom 790.0-796.0
Festival Air Show. (Indiana).
20. One weekend in June.......... Alzheimer's Water Wheeling, WV...................... Ohio River Mile
Lantern Festival/IC 90.3-91.8.
Care.
21. 1 day--Last weekend in June Riverview Park Louisville, KY.................... Ohio River, Miles
or first weekend in July. Independence 617.5-620.5
Festival. (Kentucky).
22. 1 day--Last weekend in June City of Point Point Pleasant, WV................ Ohio River, Miles
or First weekend in July. Pleasant/Point 265.2-266.2,
Pleasant Sternwheel Kanawha River
Fireworks. Miles 0.0-0.5
(West Virginia).
23. 1 day--Last weekend in June City of Aurora/ Aurora, IN........................ Ohio River, Mile
or first weekend in July. Aurora Riverfront 496.7; 1,400 ft.
Beautification-Red, radius from the
White, and Boom. Consolidated Grain
Dock located along
the State of
Indiana shoreline
at (Indiana and
Kentucky).
24. 1 day--Last week of June or PUSH Beaver County/ Beaver, PA........................ Ohio River, Miles
first week of July. Beaver County Boom. 25.2-25.6
(Pennsylvania).
25. 1 day--Last weekend in June Evansville Freedom Evansville, IN.................... Ohio River, Miles
or first week in July. Celebration/4th of 790.0-796.0
July Fireworks. (Indiana).
26. 1 day--Last week in June or Rising Sun Fireworks Rising Sun, IN.................... Ohio River, Miles
First week in July. 506.0-507.0
(Indiana).
27. 1 day--Weekend before the 4th Kentucky Dam Marine/ Gilbertsville, KY................. 350 foot radius,
of July. Kentucky Dam Marina from the fireworks
Fireworks. launch site, on
the entrance
jetties at
Kentucky Dam
Marina, on the
Tennessee River at
Mile Marker 23
(Kentucky).
28. 1 day--First or Second Rivesville Firework Rivesville, WV.................... Monongahela River,
weekend in July. Show. Miles 122-124
(West Virginia).
29. 1 day in July................ Clarksville Ashland City, TN.................. Cumberland River,
Independence Day Miles 127-129
Fireworks. (Tennessee).
30. 1 day in July................ Gallatin Marina Gallatin, TN...................... Cumberland River,
Fireworks. Miles 236.5-237.5
(Tennessee).
31. 1 day in July................ Town of Cumberland Cumberland City, TN............... Cumberland River,
City/Lighting up Miles 103.0-105.5
the Cumberlands. (Tennessee).
32. 1 day in July................ Chattanooga Presents/ Chattanooga, TN................... Tennessee River,
Pops on the River. Miles 462.7-465.2
(Tennessee).
33. 1 day in July................ Randy Boyd/ Knoxville, TN..................... Tennessee River,
Independence Miles 625.0-628.0
Celebration (Tennessee).
Fireworks Display.
34. 1 day--July 3rd.............. Moors Resort and Gilbertsville, KY................. 600 foot radius,
Marina/Kentucky from the fireworks
Lake Big Bang. launch site, on
the entrance jetty
to Moors Resort
and Marina, on the
Tennessee River at
mile marker 30.5.
(Kentucky).
35. 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).
36. 1 day--3rd or 4th of July.... City of Hickman, KY/ Hickman, KY....................... 700 foot radius
Town Of Hickman from GPS
Fireworks. coordinate
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).
37. 1 day--July 4th.............. City of Knoxville/ Knoxville, TN..................... Tennessee River,
Knoxville Festival Miles 646.3-648.7
on the 4th. (Tennessee).
38. 1 day in July................ Nashville NCVC/ Nashville, TN..................... Cumberland River,
Independence Miles 189.7-192.3
Celebration. (Tennessee).
39. 1 day in July................ Shoals Radio Group/ Florence, AL...................... Tennessee River,
Spirit of Freedom Miles 254.5-257.4
Fireworks. (Alabama).
40. 1 day--4th of July (Rain Monongahela Area Monongahela, PA................... Monongahela River,
date--July 5th). Chamber of Commerce/ Miles 032.0-033.0
Monongahela 4th of (Pennsylvania).
July Celebration.
41. 1 day--July 4th.............. Cities of Newport, KY....................... Ohio River, Miles
Cincinnati, OH and 469.6-470.2
Newport, KY/July (Kentucky and
4th Fireworks. Ohio).
42. 1 day--July 4th.............. Wellsburg 4th of Wellsburg, WV..................... Ohio River, Miles
July Committee/ 73.5-74.5 (West
Wellsburg 4th of Virginia).
July Freedom
Celebration.
43. 1 day--week of July 4th...... Wheeling Symphony Wheeling, WV...................... Ohio River, Miles
fireworks. 90-92 (West
Virginia).
44. 1 day--First week or weekend Summer Motions Inc./ Ashland, KY....................... Ohio River, Miles
in July. Summer Motion. 322.1-323.1
(Kentucky).
[[Page 18806]]
45. 1 day--week of July 4th...... Chester Fireworks... Chester, WV....................... Ohio River mile
42.0-44.0 (West
Virginia).
46. 1 day--First week of July.... Toronto 4th of July Toronto, OH....................... Ohio River, Mile
Fireworks. 58.2-58.8 (Ohio).
47. 1 day--First week of July.... Cincinnati Symphony Cincinnati, OH.................... Ohio River, Miles
Orchestra. 460.0-462.0
(Ohio).
48. 1 day--First week or weekend Gallia County Gallipolis, OH.................... Ohio River, Miles
in July. Chamber of Commerce/ 269.5-270.5
Gallipolis River (Ohio).
Recreation Festival.
49. 1 day--First week or weekend Kindred Huntington, WV.................... Ohio River, Miles
in July. Communications/Dawg 307.8-308.8 (West
Dazzle. Virginia).
50. 1 day--First week or weekend Greenup City........ Greenup, KY....................... Ohio River, Miles
in July. 335.2-336.2
(Kentucky).
51. 1day--First week or weekend Middleport Community Middleport, OH.................... Ohio River, Miles
in July. Association. 251.5-252.5
(Ohio).
52. 1 day--First week or weekend People for the Point South Point, OH................... Ohio River, Miles
in July. Party in the Park. 317-318 (Ohio).
53. 1 day--One of the first two City of Bellevue, KY/ Bellevue, KY...................... Ohio River, Miles
weekends in July. Bellevue Beach Park 468.2-469.2
Concert Fireworks. (Kentucky & Ohio).
54. 1 day--First Week of July.... Pittsburgh 4th of Pittsburgh, PA.................... Ohio River, Miles
July Celebration. 0.0-0.5, Allegheny
River, Miles 0.0-
0.5, and
Monongahela River,
Miles 0.0-0.5
(Pennsylvania).
55. 1 day--First week or weekend City of Charleston/ Charleston, WV.................... Kanawha River,
in July. City of Charleston Miles 58.1-59.1
Independence Day (West Virginia).
Celebration.
56. 1 day--First week or weekend Portsmouth River Portsmouth, OH.................... Ohio River, Miles
in July. Days. 355.5-357.0
(Ohio).
57. 1 day--During the first week Louisville Bats Louisville, KY.................... Ohio River, Miles
of July. Baseball Club/ 602.0-605.0
Louisville Bats (Kentucky).
Firework Show.
58. 1 day--During the first week Waterfront Louisville, KY.................... Ohio River, Miles
of July. Independence 602.0-605.0
Festival/Louisville (Kentucky).
Orchestra
Waterfront 4th.
59. 1 day--During the first week Celebration of the Owensboro, KY..................... Ohio River, Miles
of July. American Spirit 754.0-760.0
Fireworks/All (Kentucky).
American 4th of
July.
60. 1 day--During the first week Riverfront New Albany, IN.................... Ohio River, Miles
of July. Independence 606.5-609.6
Festival Fireworks. (Indiana).
61. 1 day in July................ Grand Harbor Marina/ Counce, TN........................ Tennessee-Tombigbee
Grand Harbor Marina Waterway, Miles
July 4th 448.5-451.0
Celebration. (Tennessee).
62. 1 night in July.............. Steubenville Steubenville, OH.................. Ohio River Mile
fireworks. 67.5-68.5.
63. 1 day--During the first two City of Maysville Maysville, KY..................... Ohio River, Miles
weeks of July. Fireworks. 408-409
(Kentucky).
64. 1 day--One of the first two Madison Regatta, Madison, IN....................... Ohio River, Miles
weekends in July. Inc./Madison 554.0-561.0
Regatta. (Indiana).
65. 1 day--Third Saturday in July Pittsburgh Irish Pittsburgh, PA.................... Ohio River, Miles
Rowing Club/St. 7.0-9.0
Brendan's Cup (Pennsylvania).
Currach Regatta.
66. 1 day--Third or fourth week Upper Ohio Valley Wheeling, WV...................... Ohio River, Miles
in July. Italian Heritage 90.0-90.5 (West
Festival/Upper Ohio Virginia).
Valley Italian
Heritage Festival
Fireworks.
67. 1 day--Saturday Third or Oakmont Yacht Club/ Oakmont, PA....................... Allegheny River,
Fourth full week of July (Rain Oakmont Yacht Club Miles 12.0-12.5
date--following Sunday). Fireworks. (Pennsylvania).
68. 2 days--One weekend in July.. Marietta Riverfront Marietta, OH...................... Ohio River, Miles
Roar Fireworks. 171.6-172.6
(Ohio).
69. 1 day--Last weekend in July Fort Armstrong Folk Kittanning, PA.................... Allegheny River,
or first weekend in August. Music Festival. Mile 45.1-45.5
(Pennsylvania).
70. 1 day in August.............. Music City Grand Nashville, TN..................... Cumberland River
Prix Fireworks. 190-191
(Tennessee).
71. 1 day in August.............. Wheeling Water Wheeling, WV...................... Ohio River, Miles
Lantern Tribute. 90-92 (West
Virginia).
72. 1 day in August.............. Nashville ASAE Nashville, TN..................... Cumberland River
Fireworks. 190-191
(Tennessee).
73. 3 Days in August............. Music City Grand Nashville, TN..................... Cumberland River
Prix. 190-191
(Tennessee).
74. 1 day--First week in August.. Gliers Goetta Fest Newport, KY....................... Ohio River, Miles
LLC. 469.0-471.0.
75. 1 day--First or second week Bellaire All- Bellaire, OH...................... Ohio River, Miles
of August. American Days. 93.5-94.5 (Ohio).
76. 1 day--Second full week of PA FOB Fireworks Pittsburgh, PA.................... Allegheny River,
August. Display. Miles 0.8-1.0
(Pennsylvania).
77. 1 day--Second Saturday in Guyasuta Days Pittsburgh, PA.................... Allegheny River,
August. Festival/Borough of Miles 005.5-006.0
Sharpsburg. (Pennsylvania).
78. 1 day--In the Month of August Pittsburgh Pittsburgh, PA.................... Ohio River, Mile
Foundation/Bob 0.0-0.5
O'Connor Cookie (Pennsylvania).
Cruise.
[[Page 18807]]
79. 1 day--Third week of August.. Beaver River Regatta Beaver, PA........................ Ohio River, Miles
Fireworks. 25.2-25.8
(Pennsylvania).
80. 1 day--One weekend in August. Parkersburg Parkersburg, WV................... Ohio River, Miles
Homecoming Festival- 183.5-185.5 (West
Fireworks. Virginia).
81. 1 day--One weekend in August. Ravenswood River Ravenswood, WV.................... Ohio River, Miles
Festival. 220-221 (West
Virginia).
82. 1 day--The second or third Green Turtle Bay Grand Rivers, KY.................. 420 foot radius,
weekend of August. Resort/Grand Rivers from the fireworks
Marina Day. launch site, at
the entrance to
Green Turtle Bay
Resort, on the
Cumberland River
at mile marker
31.5. (Kentucky).
83. 1 day--last 2 weekends in Wheeling Dragon Boat Wheeling, WV...................... Ohio River, Miles
August/first week of September. Race. 90.4-91.5 (West
Virginia).
84. 1 day--One weekend in the Owensboro Fireworks Owensboro, KY..................... Ohio River, Miles
month of August or September. and Bridge Lights 756-757
show. (Kentucky).
85. Sunday, Monday, or Thursday Pittsburgh Steelers Pittsburgh, PA.................... Allegheny River,
from August through February. Fireworks. Miles 0.0-0.25,
Ohio River, Miles
0.0-0.1,
Monongahela River,
Miles 0.0-0.1.
(Pennsylvania).
86. 1 day--One weekend before Riverfest/Riverfest Nitro, WV......................... Kanawha River,
Labor Day. Inc. Miles 43.1-44.2
(West Virginia).
87. 1 day--The weekend of Labor Newburgh Fireworks Newburgh, IN...................... Ohio River, Miles
Day. Display. 777.3-778.3
(Indiana).
88. 1 day--Labor day Weekend..... Catlettsburg Labor Catlettsburg, KY.................. Ohio River (Mile
Day Fireworks. 317-317.5)
Kentucky.
89. 2 days--Sunday before Labor Cincinnati Bell, Cincinnati, OH.................... Ohio River, Miles
Day and Labor Day. WEBN, and Proctor 469.2-470.5
and Gamble/ (Kentucky and
Riverfest. Ohio) and Licking
River, Miles 0.0-
3.0 (Kentucky).
90. 1 day in September........... Nashville Symphony/ Nashville, TN..................... Cumberland River,
Concert Fireworks. Miles 190.1-192.3
(Tennessee).
91. 1 day--Second weekend in City of Clarksville/ Clarksville, TN................... Cumberland River,
September. Clarksville Miles 124.5-127.0
Riverfest. (Tennessee).
92. 3 days--Second or third week Wheeling Heritage Wheeling, WV...................... Ohio River, Miles
in September. Port Sternwheel 90.2-90.7 (West
Festival Foundation/ Virginia).
Wheeling Heritage
Port Sternwheel
Festival.
93. 1 day--One weekend in Ohio River Marietta, OH...................... Ohio River, Miles
September. Sternwheel Festival 171.5-172.5
Committee fireworks. (Ohio).
94. 1 day--One weekend in Tribute to the River Point Pleasant, WV................ Ohio River, Miles
September. 264.6-265.6 (West
Virginia).
95. 1 day--One weekend in Aurora Fireworks.... Aurora, IN........................ Ohio River, Mile
September. 496.3-497.3
(Ohio).
96. 1 day--Last two weekends in Cabana on the River. Cincinnati, OH.................... Ohio River, Mile
September. 483.2-484.2
(Ohio).
97. Multiple days--September University of Pittsburgh, PA.................... Ohio River, Miles
through January. Pittsburgh Athletic 0.0-0.1,
Department/ Monongahela River,
University of Miles 0.0-0.1,
Pittsburgh Allegheny River,
Fireworks. Miles 0.0-0.25
(Pennsylvania).
98. 1 day--First three weeks of Leukemia & Lymphoma Pittsburgh, PA.................... Ohio River, Mile
October. Society/Light the 0.0-0.5, Allegheny
Night. River, Mile 0.0-
0.5, and
Monongahela River,
Mile 0.0-0.5
(Pennsylvania).
99. 1 day in October............. Leukemia and Nashville, TN..................... Cumberland River,
Lymphoma Society/ Miles 189.7-192.1
Light the Night (Tennessee).
Walk Fireworks.
100. 1 day--First two weeks in Yeatman's Fireworks. Cincinnati, OH.................... Ohio River, Miles
October. 469.0-470.5
(Ohio).
101. 1 day--One weekend in West Virginia Motor Charleston, WV.................... Kanawha River,
October. Car Festival. Miles 58-59 (West
Virginia).
102. 2 days--One of the last Monster Pumpkin Pittsburgh, PA.................... Allegheny River,
three weekends in October. Festival. Mile 0.0-0.25
(Pennsylvania).
103. 1 day--Within two weeks of Pittsburgh Downtown Pittsburgh, PA.................... Allegheny River,
Thanksgiving. Partnership/Light Miles 0.0-1.0
Up Night. (Pennsylvania).
104. 1 day--Friday before Kittanning Light Up Kittanning, PA.................... Allegheny River,
Thanksgiving. Night Firework Miles 44.5-45.5
Display. (Pennsylvania).
105. 1 day--within 2 weeks of Santa Spectacular/ Pittsburgh, PA.................... Ohio River, Mile
Thanksgiving. Light up Night. 0.0-0.5, Allegheny
River, Mile 0.0-
0.5, and
Monongahela River,
Mile 0.0-0.5
(Pennsylvania).
106. 1 day--Friday before Monongahela Holiday Monongahela, PA................... Ohio River, Miles
Thanksgiving. Show. 31.5-32.5
(Pennsylvania).
[[Page 18808]]
107. 1 day in November........... Friends of the Chattanooga, TN................... Tennessee River,
Festival/Cheer at Miles 462.7-465.2
the Pier. (Tennessee).
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: March 11, 2024.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2024-05586 Filed 3-14-24; 8:45 am]
BILLING CODE 9110-04-P
