Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0011]

RIN 1625-AA00

Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update

AGENCY:

Coast Guard, DHS.

ACTION:

Final rule.

SUMMARY:

The Coast Guard is amending and updating its safety zones regulations that take place in the Coast Guard Sector Ohio Valley area. This informs the public of regularly scheduled events that require additional safety measures through the establishing of a safety zone. Through this rulemaking the current list of recurring safety zones is updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley's AOR. When these safety zones are enforced, certain restrictions are placed on marine traffic in specified areas.

DATES:

This rule is effective June 6, 2017.

ADDRESSES:

To view documents mentioned in this preamble as being available in the docket, go to

http://www.regulations.gov,

type USCG-2017-0011 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 James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779-5347, email

James.C.Robinson@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

DHS Department of Homeland Security

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 Ohio Valley (COTP) is establishing, amending, and updating 33 CFR 165.801 to update our regulations for annual fireworks displays and other events in the Eighth Coast Guard District requiring safety zones with respect to those in Sector Ohio Valley. These events include air shows, fireworks displays, and other marine related events requiring a limited access area restricting vessel traffic for safety purposes.

On March 30, 2017, the Coast Guard published a notice of proposed rulemaking (NPRM) entitled, “Sector Ohio Valley Annual and Recurring Safety Zones Update” (82 FR 15666). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to those recurring safety zones. The public comment period ended on May 1, 2017. During the comment period, we did not receive any comments.

We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the

Federal Register

. It would be impracticable to provide a full 30-days notice because this rule must be effective June 03, 2017.

III. Legal Authority and Need for Rule

The Coast Guard's authority for establishing a safety zone is contained at 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 others. The current list in 33 CFR 165.801 requires amending to provide new information on existing safety zones, include new safety zones expected to recur annually or biannually, and to remove safety zones that are no longer required. Issuing individual regulations for each new safety zone, amendment, or removal of an existing safety zone 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.

IV. Discussion of Comments, Changes, and the Rule

As noted above, we received no comments on our NPRM published on March 30, 2017. 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 5 new recurring safety zones and removing 1 safety zone as desired 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. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget.

The Coast Guard expects the economic impact of this rule to be minimal, and therefore a full regulatory evaluation is unnecessary. This rule establishes safety zones limiting access to certain areas under 33 CFR part 165 within Sector Ohio Valley's AOR. The effect of this rulemaking will not be significant because these safety zones are limited in scope and duration. Additionally, the public is given advance notification through local forms of notice, the

Federal Register

, and/or Notices of Enforcement and thus will be able to plan around the safety zones in advance. Broadcast Notices to Mariners and Local Notices to Mariners will also inform the community of these safety zones. Vessel traffic may request permission from the COTP or a designated representative to enter the restricted areas.

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 0 comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the

FOR FURTHER INFORMATION CONTACT

section.

Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

C. Collection of Information

This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.

Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the

FOR FURTHER INFORMATION CONTACT

section.

E. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

F. Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded under section 2.B.2, figure 2-1, paragraph 34(g) of the Instruction because it involves the establishment of safety zones. A Record of Environmental Consideration (REC) is available in the docket where indicated under

ADDRESSES

.

G. Protest Activities

The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the

FOR FURTHER INFORMATION CONTACT

section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

Authority:

33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

2. In § 165.801, revise the first table 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. Multiple days—April through November

Pittsburgh Pirates/Pittsburgh Pirates Fireworks

Pittsburgh, PA

Allegheny River, Mile 0.2-0.9 (Pennsylvania).

2. Multiple days—April through November

Cincinnati Reds/Cincinnati Reds Season Fireworks

Cincinnati, OH

Ohio River, Mile 470.1-470.4; extending 500 ft. from the State of Ohio shoreline (Ohio).

3. 2 days—Third Friday and Saturday in April

Thunder Over Louisville/Thunder Over Louisville

Louisville, KY

Ohio River, Mile 602.0-606.0 (Kentucky).

4. Last Sunday in May

Friends of Ironton

Ironton, OH

Ohio River, Mile 326.7-327.7 (Ohio).

5. 1 day—A Saturday in July

Paducah Parks and Recreation Department/Cross River Swim

Paducah, KY

Ohio River, Mile 934.0-936.0 (Kentucky).

6. 1 day—First or second weekend in June

Bellaire All-American Days

Bellaire, OH

Ohio River, Mile 93.5-94.5 (Ohio).

7. 2 days—Second weekend of June

Rice's Landing Riverfest

Rices Landing, PA

Monongahela River, Mile 68.0-68.8 (Pennsylvania).

8. 1 day—First Sunday in June

West Virginia Symphony Orchestra/Symphony Sunday

Charleston, WV

Kanawha River, Mile 59.5-60.5 (West Virginia).

9. 1 day—Saturday before 4th of July

Riverfest Inc./Saint Albans Riverfest

St. Albans, WV

Kanawha River, Mile 46.3-47.3 (West Virginia).

10. 1 day—4th July

Greenup City

Greenup, KY

Ohio River, Mile 335.2-336.2 (Kentucky).

11. 1 day—4th July

Middleport Community Association

Middleport, OH

Ohio River, Mile 251.5-252.5 (Ohio).

12. 1 day—4th July

People for the Point Party in the Park

South Point, OH

Ohio River, Mile 317-318 (Ohio).

13. 1 day—Last weekend in June or first weekend in July

Riverview Park Independence Festival

Louisville, KY

Ohio River, Mile 618.5-619.5 (Kentucky).

14. 1 day—Third or fourth week in July

Upper Ohio Valley Italian Heritage Festival/Upper Ohio Valley Italian Heritage Festival Fireworks

Wheeling, WV

Ohio River, Mile 90.0-90.5 (West Virginia).

15. 1 day—4th or 5th of July

City of Cape Girardeau July 4th Fireworks Show on the River

Cape Girardeau, MO

Upper Mississippi River, Mile 50.0-52.0.

16. 1 day—Third or fourth of July

Harrah's Casino/Metropolis Fireworks

Metropolis, IL

Ohio River, Mile 942.0-945.0 (Illinois).

17. 1 day—During the first week of July

Louisville Bats Baseball Club/Louisville Bats Firework Show

Louisville, KY

Ohio River, Mile 603.0-604.0 (Kentucky).

18. 1 day—July 4th

Waterfront Independence Festival/Louisville Orchestra Waterfront 4th

Louisville, KY

Ohio River, Mile 603.0-604.0 (Kentucky).

19. 1 day—During the first week of July

Celebration of the American Spirit Fireworks/All American 4th of July

Owensboro, KY

Ohio River, Mile 755.0-759.0 (Kentucky).

20. 1 day—During the first week of July

Riverfront Independence Festival Fireworks

New Albany, IN

Ohio River, Mile 602.0-603.5 (Indiana).

21. 1 day—July 4th

Shoals Radio Group/Spirit of Freedom Fireworks

Florence, AL

Tennessee River, Mile 255.0-257.0 (Alabama).

22. 1 day—Saturday before July 4th

Town of Cumberland City/Lighting up the Cumberlands Fireworks

Cumberland City, TN

Cumberland River, Mile 103.0-105.0 (Tennessee).

23. 1 day—July 4th

Knoxville office of Special Events/Knoxville July 4th Fireworks

Knoxville, TN

Tennessee River, Mile 647.0-648.0 (Tennessee).

24. 1 day—July 4th

NCVC/Music City July 4th

Nashville, TN

Cumberland River, Mile 190.0-192.0 (Tennessee).

25. 1 day—Saturday before July 4th, or Saturday after July 4th

Grand Harbor Marina/Grand Harbor Marina July 4th Celebration

Counce, TN

Tennessee-Tombigbee Waterway, Mile 450.0-450.5 (Tennessee).

26. 1 day—Second Saturday in July

City of Bellevue, KY/Bellevue Beach Park Concert Fireworks

Bellevue, KY

Ohio River, Mile 468.2-469.2 (Kentucky and Ohio).

27. 1 day—Sunday before Labor Day

Cincinnati Bell, WEBN, and Proctor and Gamble/Riverfest

Cincinnati, OH

Ohio River, Mile 469.2-470.5 (Kentucky and Ohio) and Licking River Mile 0.0-3.0 (Kentucky).

28. 1 day—July 4th

Summer Motions Inc./Summer Motion

Ashland, KY

Ohio River, Mile 322.1-323.1 (Kentucky).

29. 1 day—Last weekend in June or First weekend in July

City of Point Pleasant/Point Pleasant Sternwheel Fireworks

Point Pleasant, WV

Ohio River, Mile 265.2-266.2, Kanawha River Mile 0.0-0.5 (West Virginia).

30. 1 day—July 3rd or 4th

City of Charleston/City of Charleston Independence Day Celebration

Charleston, WV

Kanawha River, Mile 58.1-59.1 (West Virginia).

31. 1 day—July 4th

Civic Forum/Civic Forum 4th of July Celebration

Portsmouth, OH

Ohio River, Mile 355.5-356.5 (Ohio).

32. 1 day—Second Saturday in August

Guyasuta Days Festival/Borough of Sharpsburg

Pittsburgh, PA

Allegheny River, Mile 005.5-006.0 (Pennsylvania).

33. 1 day—Second or third week of August

Pittsburgh Foundation/Bob O'Connor Cookie Cruise

Pittsburgh, PA

Ohio River, Mile 0.0-0.5 (Pennsylvania).

34. 1 day—Second full week of August

PA FOB Fireworks Display

Pittsburgh, PA

Allegheny River, Mile 0.8-1.0 (Pennsylvania).

35. 1 day—Third week of August

Beaver River Regatta Fireworks

Beaver, PA

Ohio River, Mile 25.2-25.8 (Pennsylvania).

36. 1 day—December 31

Pittsburgh Cultural Trust/Highmark First Night Pittsburgh

Pittsburgh, PA

Allegheny River Mile, 0.5-1.0 (Pennsylvania).

37. 1 day—Friday before Thanksgiving

Pittsburgh Downtown Partnership/Light Up Night

Pittsburgh, PA

Allegheny River, Mile 0.0-1.0 (Pennsylvania).

38. Multiple days—April through November

Pittsburgh Riverhounds/Riverhounds Fireworks

Pittsburgh, PA

Monongahela River, Mile 0.22-0.77 (Pennsylvania).

39. 3 days—Second or third weekend in June

Hadi Shrine/Evansville Freedom Festival Air Show

Evansville, IN

Ohio River, Miles 791.0-795.0 (Indiana).

40. 1 day—Second or third Saturday in June, the last day of the Riverbend Festival

Friends of the Festival, Inc./Riverbend Festival Fireworks

Chattanooga, TN

Tennessee River, Mile 463.5-464.5 (Tennessee).

41. 2 days—Second Friday and Saturday in June

City of Newport, KY/Italianfest

Newport, KY

Ohio River, Miles 469.6-470.0 (Kentucky and Ohio).

42. 1 day—Last Saturday in June

City of Aurora/Aurora Firecracker Festival

Aurora, IN

Ohio River Mile, 496.7; 1400 ft. radius from the Consolidated Grain Dock located along the State of Indiana shoreline at (Indiana and Kentucky).

43. 1 day—Second weekend in June

City of St. Albans/St. Albans Town Fair

St. Albans, WV

Kanawha River, Mile 46.3-47.3 (West Virginia).

44. 1 day—Last week of June or first week of July

PUSH Beaver County/Beaver County Boom

Beaver, PA

Ohio River, Mile 25.2-25.6 (Pennsylvania).

45. 1 day—4th of July (Rain date—July 5th)

Monongahela Area Chamber of Commerce/Monongahela 4th of July Celebration

Monongahela, PA

Monongahela River, Mile 032.0-033.0 (Pennsylvania).

46. 1 day—Saturday Third or Fourth full week of July (Rain date—following Sunday)

Oakmont Yacht Club/Oakmont Yacht Club Fireworks

Oakmont, PA

Allegheny River, Mile 12.0-12.5 (Pennsylvania).

47. 1 day—Week of July 4th

Three Rivers Regatta Fireworks/EQT 4th of July Celebration

Pittsburgh, PA

Ohio River, Mile 0.0-0.5, Allegheny River, Mile 0.0-0.5, and Monongahela River, Mile 0.0-0.5 (Pennsylvania).

48. 1 day—3rd or 4th of July

City of Paducah, KY

Paducah, KY

Ohio River, Mile 934.0-936.0; Tennessee River, mile 0.0-1.0 (Kentucky).

49. 1 day—3rd or 4th of July

City of Hickman, KY

Hickman, KY

Lower Mississippi River, Mile 921.0-923.0 (Kentucky).

50. 1 day—During the first week of July

Evansville Freedom Celebration/4th of July Fireworks

Evansville, IN

Ohio River, Miles 791.0-795.0 (Indiana).

51. 1 day—One of the first two weekends in July

Madison Regatta, Inc./Madison Regatta

Madison, IN

Ohio River, Miles 555.0-560.0 (Indiana).

52. 1 day—July 4th

Cities of Cincinnati, OH and Newport, KY/July 4th Fireworks

Newport, KY

Ohio River, Miles 469.6-470.2 (Kentucky and Ohio).

53. 2 days—Second weekend in July

Marietta Riverfront Roar/Marietta Riverfront Roar

Marietta, OH

Ohio River, Mile 171.6-172.6 (Ohio).

54. 1 day—1st weekend in July

Gallia County Chamber of Commerce/Gallipolis River Recreation Festival

Gallipolis, OH

Ohio River, Mile 269.5-270.5 (Ohio).

55. 1 day—July 4th

Kindred Communications/Dawg Dazzle

Huntington, WV

Ohio River, Mile 307.8-308.8 (West Virginia).

56. Multiple days—September through January

University of Pittsburgh Athletic Department/University of Pittsburgh Fireworks

Pittsburgh, PA

Ohio River mile 0.0-0.1, Monongahela River mile 0.0-0.1, Allegheny River mile 0.0-0.25 (Pennsylvania).

57. Sunday, Monday, or Thursday from August through February

Pittsburgh Steelers Fireworks

Pittsburgh, PA

Allegheny River mile 0.0-0.25, Ohio River mile 0.0-0.1, Monongahela River mile 0.0-0.1.

58. 3 days—Third week in September

Wheeling Heritage Port Sternwheel Festival Foundation/Wheeling Heritage Port Sternwheel Festival

Wheeling, WV

Ohio River, Mile 90.2-90.7 (West Virginia).

59. 1 day—Second Saturday in September

Ohio River Sternwheel Festival Committee fireworks

Marietta, OH

Ohio River, Mile 171.5-172.5 (Ohio).

60. 1 day—Second weekend of October

Leukemia and Lymphoma Society/Light the Night Walk Fireworks

Nashville, TN

Cumberland River, Mile 190.0-192.0 (Tennessee).

61. 1 day—Saturday during the first week of October

West Virginia Motor Car Festival

Charleston, WV

Kanawha River, Mile 58-59 (West Virginia).

62. 1 day—Friday before Thanksgiving

Kittanning Light Up Night Firework Display

Kittanning, PA

Allegheny River, Mile 44.5-45.5 (Pennsylvania).

63. 1 day—First week in October

Leukemia & Lymphoma Society/Light the Night

Pittsburgh, PA

Ohio River, Mile 0.0-0.4 (Pennsylvania).

64. 1 day—Friday before Thanksgiving

Duquesne Light/Santa Spectacular

Pittsburgh, PA

Monongahela River, Mile 0.00-0.22, Allegheny River, Mile 0.00-0.25, and Ohio River, Mile 0.0-0.3 (Pennsylvania).

65. 1 day—During the first two weeks of July

City of Maysville Fireworks

Maysville, KY

Ohio River, Mile

408-409 (Kentucky).

66. 1 day—Saturday before Memorial Day

Venture Outdoors/Venture Outdoors Festival

Pittsburgh, PA

Allegheny River, Mile 0.0-0.25; Monongahela River, Mile 0.0-0.25 (Pennsylvania).

67. 1 day—Third Saturday in July

Pittsburgh Irish Rowing Club/St. Brendan's Cup Currach Regatta

Pittsburgh, PA

Ohio River, Mile 7.0-9.0 (Pennsylvania).

68. 1 day—July 4th

Wellsburg 4th of July Committee/Wellsburg 4th of July Freedom Celebration

Wellsburg, WV

Ohio River, Mile 73.5-74.5 (West Virginia).

69. 1 day—During the first week of July

Newburgh Fireworks Display

Newburgh, IN

Ohio River, Mile 777.3-778.3 (Indiana).

70. 3 days—Third or Fourth weekend in April

Henderson Tri-Fest/Henderson Breakfast Lions Club

Henderson, KY

Ohio River, Mile 803.5-804.5 (Kentucky).

Dated: May 25, 2017.

M.B. Zamperini,

Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.

[FR Doc. 2017-11619 Filed 6-5-17; 8:45 am]

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