1 9110-04-P DEPARTMENT of HOMELAND SECURITY Coast
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This document is scheduled to be published in the Federal Register on 02/14/2020 and available online at https://federalregister.gov/d/2020-02976, and on govinfo.gov 9110-04-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2020-0038] RIN 1625-AA08 Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations, Update AGENCY: Coast Guard, DHS. ACTION: Notice of Proposed Rulemaking. ____________________________________________________________ SUMMARY: The Coast Guard proposes amending and updating its special local regulations for recurring marine parades, regattas, and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). Through this notice the current list of recurring special local regulations is updated with revisions, additions, and removals of events that no longer take place in the Sector Ohio Valley AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: You may submit comments identified by docket number USCG-2020- 0038 using the Federal eRulemaking Portal at http://www.regulations.gov. See the 1 “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or e-mail Petty Officer Riley Jackson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779-5347, e-mail [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port, Sector Ohio Valley DHS Department of Homeland Security E.O. Executive order FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Captain of the Port Sector Ohio Valley (COTP) proposes to update the current list of recurring special local regulations found in Table 1 of 33 CFR 100.801 for events occurring within the Sector Ohio Valley area of responsibility within the Coast Guard’s Eighth District region. This rule updates the list of annually recurring special local regulations under 33 CFR 100.801, Table 1 for annual special local regulations in the COTP zone. The Coast Guard will address all comments through response via the rulemaking process, including additional revisions to this regulatory section. Additionally, these recurring events are provided to the public through local means and planned by the local communities. The current list of annual and recurring special local regulations occurring in 2 Sector Ohio Valley’s AOR is published under 33 CFR part 100.801, Table 1. The most recent list was created May 2, 2019 via 84 FR 18727. The Coast Guard’s authority for establishing a special local regulation is contained at 46 U.S.C. 70041(a). The Coast Guard is amending and updating the special local regulations under 33 CFR part 100.801, Table 1 to include the most up to date list of recurring special local regulations for events held on or around navigable waters within Sector Ohio Valley’s AOR. These events include marine parades, boat races, swim events, and other marine related events. The current list under 33 CFR 100.801, Table 1 requires amendment to provide new information on existing special local regulations, add new special local regulations expected to recur annually or biannually, and remove special local regulations that are no longer required. Issuing individual regulations for each new special local regulation, amendment, or removal of an existing special local regulation creates unnecessary administrative costs and burdens. This single proposed rulemaking will considerably reduce administrative overhead and provide the public with notice through publication in the Federal Register of recurring special local regulations. III. Discussion of Proposed Rule Part 100 of 33 CFR contains regulations to provide effective control over regattas and marine parades conducted on U.S. navigable waters in order to ensure the safety of life in the regatta or marine parade area. Section 100.801 provides the regulations applicable to events taking place in the Eighth Coast Guard District and also provides a table listing each event and special local regulation. This section requires amendment from time to time to properly reflect the recurring special local regulations. This 3 proposed rule updates §100.801, Table 1 for Sector Ohio Valley. This proposed rule adds 8 new recurring special local regulation, and amends the dates and or regulated areas for 29 recurring special local regulations already listed. This proposed rule would add 8 new recurring special local regulation in Table 1 of §100.801 for Sector Ohio Valley, as follows: Ohio valley Date Event/sponsor location Regulated area 2 days – First or Head of the Ohio Rowing Pittsburgh, PA Allegheny River, Mile second week of Race 0.0-3.0 October (Pennsylvania). 3 days- the Portsmouth Boat Portsmouth, Ohio River, Mile weekend of Labor Race/Breakwater Powerboat OH 355.5- 356.8 (Ohio) Day Association 3 days-One Big 10 Invitational Regatta Oak Ridge, TN Clinch River, Mile weekend in April 48.5-52.0 (Tennessee). 1 day—One day in Guntersville Lake Hydrofest Guntersville, Tennessee River south June AL of mile 357.0 in Browns Creek, starting at the AL-69 Bridge, 34⁰ 21’38”N, 86⁰ 20’36”W, to 34⁰ 21’14”N, 86⁰ 19’4”W, to the TVA power lines, 34⁰ 20’9”N, 86⁰ 21’7”W, to 34⁰ 19’37”N, 86⁰ 20’13”W, extending from bank to bank within the creek. (Alabama) 1 day - Last Maysville Paddlefest Maysville, KY Ohio River, Mile 408- weekend in July 409 (Kentucky) 1 day - One Shoals Dragon Boat Festival Florence, AL Tennessee River, Mile weekend in 255.0-257.0 4 September (Alabama) 2 days - Two days Secret City Head Race Oak Ridge, TN Clinch River, Mile in October Regatta 49.0-54.0 (Tennessee) 1 day – The last Chickamauga Dam Swim Chattanooga, Tennessee River, Mile week in May TN 470.0-473.0 (Tennessee) This proposed rule would revise 29 existing special local regulations in Table 1 of §100.801, as follows: Sector Ohio Valley Revision Line Date Sponsor/name Location Regulated Area (date/area) 3 days— Oak Ridge Rowing Oak Ridge, Clinch River, Date 1 One Association/Cardinal TN Mile 48.5-52.0 Weekend in Invitational (Tennessee). March 2 1 day— Vanderbilt Nashville, Cumberland Date One Rowing/Vanderbilt Invite TN River, Mile weekend in 188.0-192.7 March (Tennessee). 3 2 days— Oak Ridge Rowing Oak Ridge, Clinch River, Date One Association/Atomic City TN Mile 48.5-52.0 weekend in Turn and Burn (Tennessee). March 5 3 days— Oak Ridge Rowing Oak Ridge, Clinch River, Date One Association/SIRA Regatta TN Mile 48.5-52.0 weekend in (Tennessee). April 6 3 days— Thunder Over Louisville Louisville, Ohio River, Date/Area One KY Miles 597.0- weekend in 607.0 April (Kentucky). 5 8 3 days— Oak Ridge Rowing Oak Ridge, Clinch River, Date One Association/Dogwood TN Mile 48.5-52.0 weekend in Junior Regatta (Tennessee). April 9 3 days— Vanderbilt Nashville, Cumberland Date One Rowing/ACRA Henley TN River, Mile weekend in 188.0-194.0 May (Tennessee). 10 3 days— Oak Ridge Rowing Oak Ridge, Clinch River, Date One Association/Big 12 TN Mile 48.5-52.0 weekend in Championships (Tennessee). May 11 3 days— Oak Ridge Rowing Oak Ridge, Clinch River, Date One Association/Dogwood TN Mile 48.5-52.0 weekend in Masters (Tennessee). May 14 2 days— Visit Knoxville/Racing on Knoxville, Tennessee Date One the Tennessee TN River, Mile weekend in 647.0-648.0 May or One (Tennessee). weekend in June 15 2 days— Outdoor Chattanooga, Tennessee Date Last Chattanooga/Chattanooga TN River, Mile weekend in Swim Festival 454.0-468.0 May or one (Tennessee). weekend in June 17 1 day— Visit Knoxville/Knoxville Knoxville, Tennessee Date One Powerboat Classic TN River, Mile weekend in 646.4-649.0 June (Tennessee). 22 3 days— TM Thunder Nashville, Cumberland Date One LLC/Thunder on the TN River, Mile weekend in Cumberland 189.6-192.3 June (Tennessee). 6 24 1 day— Team Magic/Chattanooga Chattanooga, Tennessee Date One Waterfront Triathlon TN River, Mile weekend in 462.7-466.0 June (Tennessee). 29 1 day— Bradley Florence, AL Tennessee Date One Dean/Renaissance City River, Mile weekend in Triathlon 254.0-258.0 May (Alabama). 33 1 day— Team Magic/Music City Nashville, Cumberland Date One Triathlon TN River, Mile weekend in 189.7-192.3 July (Tennessee). 37 1 day— Above the Fold Ashland City, Cumberland Date One Events/Riverbluff TN River, Mile weekend in Triathlon 157.0-159.5 August (Tennessee). 38 3 days – Pittsburgh Three Rivers Pittsburgh, Allegheny Date First or Regatta PA River, Mile 0.0- second 1.0, Ohio River weekend in Mile 0.0-0.8, August and Monongahela River Mile 0.0- 0.5 (Pennsylvania). 40 1 day— Riverbluff Triathlon Ashland City, Cumberland Date One TN River, Mile weekend in 157.0-159.0 August (Tennessee). 45 1 day— Team Rocket Tri- Huntsville, Tennessee Date One Club/Rocketman AL River, Mile weekend in Triathlon 332.2-335.5 August (Alabama). 7 46 1 day— Tennessee Clean Water Knoxville, Tennessee Date One Network/Downtown TN River, Mile weekend in Dragon Boat Races 646.3-648.7 August (Tennessee). 58 1 day— Cumberland River Nashville, Cumberland Date One Compact/Cumberland TN River, Mile weekend in River Dragon Boat 189.7-192.1 September Festival (Tennessee).