Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update
Federal Register, Volume 81 Issue 116 (Thursday, June 16, 2016)
Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)
Rules and Regulations
Pages 39187-39191
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2016-14277
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
Docket Number USCG-2015-1039
RIN 1625-AA08
Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending and updating its special local regulations relating to recurring marine parades, regattas, and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This rule informs the public of regularly scheduled events that require additional safety measures through the establishing of a special local regulation. Through this rulemaking the current list of recurring special local regulations is updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley's AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas.
DATES: This rule is effective June 16, 2016.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-
2015-1039 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:
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Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
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Background Information and Regulatory History
The Captain of the Port (COTP) Ohio Valley is establishing, amending, and updating its current list of recurring special local regulations codified under 33 CFR 100.801 in Table no. 1, for the COTP Ohio Valley zone.
On January 25, 2016, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Sector Ohio Valley Annual and Recurring Special Local Regulations Update (81 FR 3976). During the comment period that ended April 25, 2016, the Coast Guard received information regarding dates for three events from the event sponsors. This information is discussed in this document.
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. Though we are not providing a full 30-day delay in the effective date, the Coast Guard did provide notice and the opportunity to comment through the NPRM process and is now providing as much notice as possible before the first recurring event enforcement is required on June 19. It is impracticable to provide a full 30-days notice because this rule must be effective June 19, 2016 to accommodate the first event.
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Legal Authority and Need for Rule
The Coast Guard's authority for establishing a special local regulation is contained at 33 U.S.C. 1233. The Coast Guard is amending and updating the special local regulations under 33 CFR part 100 to include the most up to date list of recurring special local regulations for events held on or around navigable waters within the Sector Ohio Valley AOR. These events include marine parades, boat races, swim events, and others. The current list under 33 CFR 100.801 requires amending to provide new information on existing special local regulations, include new special local regulations expected to recur annually or biannually, and to 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 rulemaking reduces administrative overhead and provides the public with notice through publication in the Federal Register of the upcoming recurring special local regulations.
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Discussion of Comments, Changes, and the Rule
As noted above, we received information regarding three recurring events from the event sponsors during the NPRM comment period. This information requires changes to the regulatory text of this rule from the proposed rule in the NPRM. Those changes are as follows:
Change 1: The sponsor of the Owensboro Air show requested a change to the proposed event date as listed in Table 1, Line 54. Instead of occurring 3 days during the first or second weekend in September, the new date will be published in the final rule as: 3 days during one of the last three weekends in September. This change was requested to enable the Air Show to take place without conflicting with other events occurring in September.
Change 2: The sponsor of the REV3 Triathlon requested a change to the proposed date as listed in Table 1, Line 4. Instead of occurring 1 day during the first or second weekend in May, the new date will be published in the final rule as: 1 day during the third or fourth weekend in May starting in 2016. This change was requested due to scheduling conflicts with other events. This final rule was not published in time for the May 22, 2016 occurrence of this event. Therefore, a temporary final rule for this event was issued on May 20, 2016. That rule is accessible as indicated under ADDRESSES.
Change 3: The sponsor of the Hadi-Shrine/Evansville Freedom Festival Air Show informed the Coast Guard that the proposed expanded date period from 3 to 4 days was no longer needed and the currently published date period of 3 days fits the air show portion of their event. Therefore, the date for this event as listed in Table 1, Line 46 will remain: 3 days during the second or third weekend in June. The event sponsor also informed the Coast Guard that the 2016 occurrence of this event fell on the fourth weekend in June. Therefore, a separate temporary final rule is being issued to establish the necessary special local regulation on June 24-26, 2016. That rule is available as indicated under ADDRESSES.
These requested changes are based on the individual sponsors' efforts to coordinate events alongside others in the local community. In some instances, these changes have been advertised to and planned on by the local community, and minimally impact the dates of 3 events as listed in the NPRM. These
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revised dates are also considered within the current environmental review. Therefore, the Coast Guard is publishing this final rule with the requested date changes. All proposed new additions to and removals from the recurring list remain the same as in the NPRM.
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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.
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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 special local regulations limiting access to certain areas under 33 CFR part 100 within Sector Ohio Valley's AOR. The effect of this rulemaking will not be significant because these special local regulations 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 special local regulations in advance. Deviation from the special local regulations established through this proposed rulemaking may be requested from the appropriate COTP and requests will be considered on a case-by-case basis. Broadcast Notices to Mariners and Local Notices to Mariners will also inform the community of these special local regulations so that they may plan accordingly for these short restrictions on transit. Vessel traffic may request permission from the COTP Ohio Valley or a designated representative to enter the restricted areas.
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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.
This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit the special local regulation areas during periods of enforcement. The special local regulations will not have a significant economic impact on a substantial number of small entities because they are limited in scope and will be in effect for short periods of time. Before the enforcement period, the Coast Guard COTP will issue maritime advisories widely available to waterway users. Deviation from the special local regulations established through this rulemaking may be requested from the appropriate COTP and requests will be considered on a case-by-case basis.
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.
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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).
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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 Order13132.
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.
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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.
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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 involves the establishment of special local regulations related to marine event permits for marine parades, regattas, and other marine events. It is categorically excluded from further
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review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction.
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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 100
Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the U.S. Coast Guard amends 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
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The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233
0
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Amend Sec. 100.801 by revising table 1 of Sec. 100.801 to read as follows:
Sec. 100.801 Annual Marine Events in the Eighth Coast Guard District.
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Table 1 of Sec. 100.801--Ohio Valley Captain of the Port Zone Annual and Recurring Marine Events
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Date Event/Sponsor Ohio Valley location Regulated area
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The first Saturday in April...... University of Charleston Charleston, WV......... Kanawha River, Mile
Rowing/West Virginia 59.9-61.4 (West
Governor's Cup Regatta. Virginia).
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1 day--Saturday before Memorial Venture Outdoors/Venture Pittsburgh, PA......... Allegheny River, Mile
Day weekend. Outdoors Festival. 0.0-0.25 Monongahela
River 0.0-0.25
(Pennsylvania).
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1 day--During the last week of Kentucky Derby Festival/ Louisville, KY......... Ohio River, Mile 596.0-
April or first week of May. Belle of Louisville 604.3 (Kentucky).
Operating Board/Great
Steamboat Race.
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1 day--Third or fourth weekend in REV3/REV3 Triathlon..... Knoxville, TN.......... Tennessee River, Mile
May. 646.0-649.0
(Tennessee).
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1 day--Third weekend in May...... World Triathlon Chattanooga, TN........ Tennessee River, Mile
Corporation/IRONMAN 463.0-466.0
70.3. (Tennessee).
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1 day--second weekend in June.... Chattanooga Parks and Chattanooga, TN........ Tennessee River, Mile
Rec/Chattanooga River 464.0-469.0
Rats Open Water Swim. (Tennessee).
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1 day--Third or fourth weekend in Greater Morgantown Morgantown, WV......... Monongahela River, Mile
June. Convention and Visitors 101.0-102.0 (West
Bureau/Mountaineer Virginia).
Triathlon.
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2 days--First weekend of June.... Kentucky Drag Boat Pisgah Bay, KY......... Tennessee River, Mile
Association. 30.0 (Kentucky).
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Fourth Sunday in June............ Green Umbrella/Ohio Cincinnati, OH......... Ohio River, Mile 459.5-
River Paddlefest. 470.2 (Ohio and
Kentucky).
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1 day--Fourth or fifth Sunday in Green Umbrella/Great Cincinnati, OH......... Ohio River, Mile 469.8-
September. Ohio River Swim. 470.2 (Ohio and
Kentucky).
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1 day--One of the last two Ohio River Open Water Prospect, KY........... Ohio River, Mile 588.0-
weekends in September. Swim. 590.0 9 (Kentucky).
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2 days--Second or third weekend Louisville Dragon Boat Louisville, KY......... Ohio River, Mile 603.0-
in September. Festival. 603.5 (Kentucky).
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1 day--Third or fourth Sunday of Tucson Racing/Cincinnati Cincinnati, OH......... Ohio River, Mile 469.3-
July. Triathlon. 470.2 (Ohio).
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2 days--First weekend of July... Kentucky Drag Boat Pisgah Bay, KY......... Tennessee River, Mile
Association. 30.0 (Kentucky).
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1 day--Second weekend in July... Bradley Dean/Renaissance Florence, AL........... Tennessee River, Mile
Man Triathlon. 255.0-257.0 (Alabama).
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3 days--One of the first two Madison Regatta, Inc./ Madison, IN............ Ohio River, Mile 555.0-
weekends in July. Madison Regatta. 560.0 (Indiana).
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1 day--Third Saturday in July... Pittsburgh Irish Rowing Pittsburgh, PA......... Miles 7-9, Ohio River
Club/St. Brendan's Cup back channel
Currach Regatta. (Pennsylvania).
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1 day--One of the last three Louisville Race the Louisville, KY......... Ohio River, Mile 601.5-
weekends in June. Bridge Triathlon. 603.0 (Kentucky).
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1 day--Fourth weekend in June... Team Magic/Chattanooga Chattanooga, TN........ Tennessee River, Mile
Waterfront Triathlon. 463.0-465.0
(Tennessee).
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1 day--Fourth weekend in July... Team Magic/Music City Nashville, TN.......... Cumberland River, Mile
Triathlon. 190.0-192.0
(Tennessee).
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2 days--Last two weekends in Friends of the Pittsburgh, PA......... Allegheny River, Mile
July or first week of August. Riverfront Inc./ 0.0-1.5
Pittsburgh Triathlon (Pennsylvania).
and Adventure Races.
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3 days--First week of August.... EQT Pittsburgh Three Pittsburgh, PA......... Ohio River, Mile 0.0-
Rivers Regatta. 0.5, Allegheny River,
Mile 0.0-0.6, and
Monongahela River,
Mile 0.0-0.5
(Pennsylvania).
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2 days--First weekend of August. Kentucky Drag Boat Pisgah Bay, KY......... Tennessee River, Mile
Association. 30.0 (Kentucky).
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2 days--last weekend in Captain Quarters Regatta Louisville, KY......... Ohio River, Mile 595.0-
September. 597.0 (Kentucky).
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2 days--Second or third weekend Norton Healthcare/ Louisville, KY......... Ohio River, Mile 601.5-
in October. Ironman Triathlon. 604.5 (Kentucky).
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2 days--Third full weekend Ohio County Tourism/ Rising Sun, IN......... Ohio River, Mile 504.0-
(Saturday and Sunday) in August. Rising Sun Boat Races. 508.0 (Indiana and
Kentucky).
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1 day--Last weekend in August... Tennessee Clean Water Knoxville, TN.......... Tennessee River, Mile
Network/Downtown Dragon 647.0-649.0
Boat Races. (Tennessee).
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3 days--Third weekend in August. Governors' Cup/UWP-IJSBA Charleston, WV......... Kanawha River, Mile
National Championships. 56.7-57.6 (West
Virginia).
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2 days--Fourth weekend in July.. Herd Racing LLC/ Huntington, WV......... Ohio River, Mile 307.3-
Huntington Classic. 309.3 (West Virginia).
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2 days--Last weekend in Fall Records Challenge New Martinsville, WV... Ohio River, Mile 128.5-
September. Committee/Fall Records 129.5 (West Virginia).
Challenge.
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2 days--Labor Day weekend....... Wheeling Vintage Race Wheeling, WV........... Ohio River, Mile 090.4-
Boat Association Ohio/ 091.5 (West Virginia).
Wheeling Vintage
Regatta.
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2 days--weekend before Labor Day SUP3Rivers The Southside Pittsburgh, PA......... Monongahela River, Mile
Outside. 0.0-3.09 Allegheny
River Mile 0.0-0.25
(Pennsylvania).
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1 day--Saturday before Labor Day Wheeling Dragon Boat Wheeling, WV........... Ohio River, Mile 90.4-
Race. 91.5 (West Virginia).
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1 day--First or second weekend Cumberland River Compact/ Nashville, TN.......... Cumberland River, Mile
in September. Cumberland River Dragon 190.0-192.0
Boat Festival. (Tennessee).
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2 days--First or second weekend State Dock/Cumberland Jamestown, KY.......... Lake Cumberland
in September. Poker Run. (Kentucky).
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3 days--First or second weekend Sailing for a Cure Louisville, KY......... Ohio River, Mile 601.0-
in September. Foundation/SFAC Fleur 604.0 (Kentucky).
de Lis Regatta.
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1 day--One weekend, last half of Harbor House of Louisville, KY......... Ohio River, Mile 602.0-
September. Louisville/Ken``Ducky'' 604.0 (Kentucky).
Derby.
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1 day--Last weekend in September World Triathlon Chattanooga, TN........ Tennessee River, Mile
Corporation/IRONMAN 463.0-467.0
Chattanooga. (Tennessee).
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1 day--Second weekend in City of Clarksville/ Clarksville, TN........ Cumberland River, Mile
September. Clarksville Riverfest 125.0-126.0
Cardboard Boat Regatta. (Tennessee).
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2 days--First weekend of October Three Rivers Rowing Pittsburgh, PA......... Allegheny River, Mile
Association/Head of the 0.0-4.0
Ohio Regatta. (Pennsylvania).
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1 day--First or second weekend Lookout Rowing Club/ Chattanooga, TN........ Tennessee River, Mile
in October. Chattanooga Head Race. 464.0-467.0
(Tennessee).
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1 day--Third weekend in November TREC-RACE/Pangorge...... Chattanooga, TN........ Tennessee River, Mile
444.0-455.0
(Tennessee).
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3 days--First weekend in Atlanta Rowing Club/Head Chattanooga, TN........ Tennessee River, Mile
November. of the Hooch Rowing 464.0-467.0
Regatta. (Tennessee).
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One Saturday in June or July.... Paducah Summer Festival/ Paducah, KY............ Ohio River, Mile 934-
Cross River Swim. 936 (Kentucky).
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1 day--During the last weekend Louisville Metro Louisville, KY......... Ohio River, Mile 602.0-
in May. Government/Mayor's 603.5 (Kentucky).
Healthy Hometown Subway
Fresh Fit, Hike, Bike
and Paddle.
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3 days--Second or third weekend Hadi Shrine/Evansville Evansville, IN......... Ohio River, Mile 791.0-
in June. Freedom Festival Air 795.0 (Indiana).
Show.
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1 day--Second or third Saturday Allegheny Mountain LMSC/ Pittsburgh, PA......... Allegheny River, Mile
in July. Search for Monongy. 0.0-0.6
(Pennsylvania).
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1 day--July 4th................. Wellsburg 4th of July Wellsburg, WV.......... Ohio River, Mile 73.5-
Committee/Wellsburg 4th 74.5 (West Virginia).
of July Fireworks.
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1 day--During the first week of Evansville Freedom Evansville, IN......... Ohio River, Mile 791.0-
July. Celebration/4th of July 796.0 (Indiana).
Freedom Celebration.
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1 day--First weekend in Louisville Metro Louisville, KY......... Ohio River, Mile 602.0-
September. Government/Mayor's 603.5 (Kentucky).
Healthy Hometown Subway
Fresh Fit, Hike, Bike
and Paddle.
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2 days--Third or fourth weekend Dare to Care/KFC Mayor's Louisville, KY......... Ohio River, Mile 601.0-
in July. Cup Paddle Sports Races/ 604.0 (Kentucky).
Voyageur Canoe World
Championships.
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3 days--Fourth weekend in August Kentucky Drag Boat Livermore, KY.......... Green River, Mile 70.0-
Association/Thunder on 71.5 (Kentucky).
the Green.
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1 day--Fourth weekend in August. Team Rocket Tri-Club/ Huntsville, AL......... Tennessee River, Mile
Rocketman Triathlon. 333.0-334.5 (Alabama).
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3 days--One of the last three Hadi Shrine/Owensboro Owensboro, KY.......... Ohio River, Mile 755.0-
weekends in September. Air Show. 759.0 (Kentucky).
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1 day--First Sunday in August... HealthyHuntington.org/ Huntington, WV......... Ohio River, Mile 307.3-
St. Marys Tri-state 308.3 (West Virginia).
Triathlon.
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2 days--First Weekend in August. Buckeye Outboard Portsmouth, OH......... Ohio River, Mile 355.3-
Association/Portsmouth 356.7 (Ohio).
Challenge.
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1 day--Sunday before Labor Day.. Cincinnati Bell, WEBN, Cincinnati, OH......... Ohio River, Mile 464.0-
and Proctor and Gamble/ 476.0 (Kentucky and
Riverfest. Ohio) and Licking
River Mile 0.0-3.0
(Kentucky).
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2 days--First or second weekend State Dock/Cumberland Jamestown, KY.......... Lake Cumberland
in September. Poker Run. (Kentucky).
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1 day--One weekend, last half of Harbor House of Louisville, KY......... Ohio River, Mile 602.0-
September. Louisville/Ken``Ducky'' 604.0 (Kentucky).
Derby.
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Second Sunday in September...... Ohio River Sternwheel Marietta, OH........... Ohio River, Mile 170.5-
Festival Committee 172.5 (Ohio).
Sternwheel race
reenactment.
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Second Saturday in September.... Parkesburg Paddle Fest.. Parkersburg, WV........ Ohio River, Mile 184.3-
188 (West Virginia).
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Three days during the fourth New Martinsville Records New Martinsville, WV... Ohio River, Mile 128-
weekend in September. and Regatta Challenge 129 (West Virginia).
Committee.
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First weekend in July........... Eddyville Creek Marina/ Eddyville, KY.......... Cumberland River Mile
Thunder Over Eddy Bay. 46.0-47.0 (Kentucky).
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First or second weekend of July. Prizer Point Marina/4th Cadiz, KY.............. Cumberland River, Mile
of July Celebration. 54.0-55.09 (Kentucky).
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2 days, last weekend in May or Visit Knoxville/Racing Knoxville, TN.......... Tennessee River, Mile
first weekend in June. on the Tennessee. 647.0-648.0
(Tennessee).
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1 day--Second weekend in Start 2 Finish/Nashvegas Ashland City, TN....... Cumberland River, Mile
September. Triathlon. 157.0-159.0
(Tennessee).
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Dated: May 20, 2016.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
FR Doc. 2016-14277 Filed 6-15-16; 8:45 am
BILLING CODE 9110-04-P
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