Safety Zones; Fireworks Events in Captain of the Port New York Zone, 10498-10499 [2016-04472]
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Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations
(ii) DOJ reviews USERRA cases to
determine if representation is
appropriate. In cases found to have
merit, the Attorney General will
commence court action on behalf of the
Service member, to be prosecuted by
DOJ attorneys.
(4) OSC. (i) OSC is an independent
Federal agency that enforces USERRA
matters involving State and local
government employers and privatesector employers. OSC receives
USERRA cases referred by DOL–VETS.
(ii) OSC reviews USERRA cases to
determine if representation is
appropriate. In cases found to have
merit, OSC will initiate an action before
the Merit Systems Protection Board
(MSPB), also an independent, Federal
agency, serving as the guardian of
Federal merit systems. If OSC declines
representation, the claimant may still
file an appeal with the MSPB.
Dated: February 24, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2016–04306 Filed 2–29–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
necessary to ensure the safety of vessels
and spectators from hazards associated
with fireworks displays. During the
enforcement period, no person or vessel
may enter the safety zones without
permission of the Captain of the Port
(COTP).
The regulation for the safety
zones described in 33 CFR 165.160 will
be enforced on the dates and times
listed in the table in SUPPLEMENTARY
INFORMATION.
DATES:
If
you have questions on this notice, call
or email Petty Officer First Class Ronald
Sampert U.S. Coast Guard; telephone
718–354–4154, email ronald.j.sampert@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zones
listed in 33 CFR 165.160 on the
specified dates and times as indicated in
Table 1 below. This regulation was
published in the Federal Register on
November 9, 2011 (76 FR 69614).
FOR FURTHER INFORMATION CONTACT:
[Docket No. USCG–2016–0081]
Safety Zones; Fireworks Events in
Captain of the Port New York Zone
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
various safety zones within the Captain
of the Port New York Zone on the
specified dates and times. This action is
SUMMARY:
TABLE 1
1. Relevent Partners, LLC, Pier 54, Hudson River Safety Zone, 33 CFR
165.160(5.8).
2. Novo Nordisk, Ellis Island Safety Zone, 33 CFR 165.160(2.2) ...........
3. American Portfolios Holding, Inc., Ellis Island Safety Zone, 33 CFR
165.160(2.2).
4. City of Poughkeepsie, Independence Day Celebration, Poughkeepsie, NY, Hudson River Safety Zone, 33 CFR 165.160(5.13).
5. City of Yonkers July 4th Fireworks, Yonkers, NY, Hudson River
Safety Zone, 33 CFR 165.160(5.5).
asabaliauskas on DSK5VPTVN1PROD with RULES
6. Intrepid Museum Fireworks Display, Pier 84 Hudson River Safety
Zone, 33 CFR 165.160(5.9).
Under the provisions of 33 CFR
165.160, vessels may not enter the safety
zones unless given permission from the
COTP or a designated representative.
VerDate Sep<11>2014
18:20 Feb 29, 2016
Jkt 238001
• Launch site: A barge located in approximate position 40°44′31″ N.
074°01′00″ W. (NAD 1983), approximately 380 yards west of Pier
54, Manhattan, New York. This Safety Zone is a 360-yard radius
from the barge.
• Date: February 19, 2016.
• Time: 8:30 p.m.–10 p.m.
• Launch site: A barge located between Federal Anchorages 20–A
and 20–B, in approximate position 40°41′45″ N. 074°02′09″ W. (NAD
1983) about 365 yards east of Ellis Island. This Safety Zone is a
360-yard radius from the barge.
• Date: March 10, 2016.
• Time: 8:45 p.m.–10 p.m.
• Launch site: A barge located between Federal Anchorages 20–A
and 20–B, in approximate position 40°41′45″ N. 074°02′09″ W. (NAD
1983) about 365 yards east of Ellis Island. This Safety Zone is a
360-yard radius from the barge.
• Date: May 14, 2016.
• Time: 9:00 p.m.–10:10 p.m.
• Launch site: A barge located in approximate position 41°42′24.50″
N. 073°56′44.16 ″ W. (NAD 1983), approximately 420 yards north of
the Mid Hudson Bridge. This Safety Zone is a 300-yard radius from
the barge.
• Date: July 4, 2016.
• Time: 8:30 p.m.–10:30 p.m.
• Launch site: A barge located in approximate position 40°56′14.5″ N.
073°54′33″ W. (NAD 1983), approximately 475 yards northwest of
the Yonkers Municipal Pier, New York. This Safety Zone is a 360yard radius from the barge.
• Date: July 04, 2016.
• Time: 08:45 p.m.–10:15 p.m.
• Launch site: A barge located in approximate position 40°45′56.9″ N.
074°00′25.4″ W. (NAD 1983), approximately 380 yards west of Pier
84, Manhattan, New York. This Safety Zone is a 360-yard radius
from the barge.
• Date: May 7, 2016.
Time: 8:20 p.m.–9:30 p.m.
Spectator vessels may transit outside the
safety zones but may not anchor, block,
loiter in, or impede the transit of other
vessels. The Coast Guard may be
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assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
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Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations
This notice is issued under authority
of 33 CFR 165.160(a) and 5 U.S.C. 552
(a). In addition to this notice in the
Federal Register, the Coast Guard will
provide mariners with advanced
notification of enforcement periods via
the Local Notice to Mariners and marine
information broadcasts. If the COTP
determines that a safety zone need not
be enforced for the full duration stated
in this notice, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the safety zone.
Dated: February 9, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2016–04472 Filed 2–29–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2014–0246]
RIN 1625–AA87
Security Zone, John Joseph Moakley
United States Courthouse; Boston, MA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a permanent security zone
within Sector Boston’s Captain of the
Port (COTP) Zone on the waters in the
vicinity of John Joseph Moakley United
States Courthouse, Boston, MA. This
security zone will expedite public
notification of high profile court
proceedings at the Moakley Courthouse
and is necessary to protect people,
property, and the Port of Boston from
subversive acts.
DATES: This rule is effective March 31,
2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2014–
0246 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 Mr. Mark Cutter, Coast Guard
Sector Boston Waterways Management
Division, telephone (617)223–4000,
email Mark.E.Cutter@uscg.mil.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
VerDate Sep<11>2014
19:36 Feb 29, 2016
Jkt 238001
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
TFR Temporary Final Rule
U.S.C. United States Code
USCG United States Coast Guard
II. Background Information and
Regulatory History
On Thursday November 20, 2014, the
Coast Guard published a NPRM in the
Federal Register (79 FR 69078). There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action related to this security
zone. No Public meetings were
requested or held. Thirty formal written
comments were received.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Department of Homeland
Security Delegation No. 0170.1 which
collectively authorizes the Coast Guard
to establish security zones.
The John Joseph Moakley United
States Courthouse houses the United
States Court of Appeals for the First
Circuit, the United States District Court
for the District of Massachusetts, and
the United States Attorney’s Office for
the District of Massachusetts.
Consequently, high profile events and
court proceedings take place at the
Moakley Courthouse, resulting in a
heightened security posture. With this
in mind, the Captain of the Port, Sector
Boston, has determined that a security
zone is necessary to better protect and
secure persons and property during high
profile court proceedings and events.
Establishing a security zone on an ad
hoc basis is administratively
cumbersome and reduces the
opportunity for public participation in
the development of the rule. Thus, to
lessen administrative overhead and to
maximize public participation, this rule
establishes a security zone near the
courthouse that will remain in effect
permanently but will be enforced only
when deemed necessary by the COTP.
The COTP will notify the public of the
enforcement of this security zone by
publishing a Notice of Enforcement
(NOE) in the Federal Register and via
the other means listed in 33 CFR 165.7.
This permanent security zone will be
published in 33 CFR 165.120.
IV. Discussion of Comments, Changes,
and the Rule
We received ten comments on the
NPRM to establish a permanent security
zone within Sector Boston’s COTP
Zone. The NPRM proposed a five
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10499
hundred (500) yard security zone that
allowed vessels to enter the security
zone, without permission, as long as
such vessels proceeded through the area
with caution and operated at a speed no
faster than that speed necessary to
maintain a safe course, unless otherwise
required by the Navigation Rules, as
published in 33 CFR part 83 and remain
beyond two hundred and fifty (250)
yards of the Moakley Courthouse.
Further, vessels could enter within two
hundred and fifty (250) yards with
permission of the COTP or the COTP’s
representative. The comments we
received were primarily from owners,
operators, and employees of commercial
passenger vessels, including the daily
commuter ferry vessels that transfer
passengers at the Rowes Wharf Ferry
Terminal. Other comments received
were from the property management
company of Rowes Wharf and a nonprofit, public interest organization that
promotes a clean, alive, and accessible
Boston Harbor.
While none of the comments
expressed concern with the proposed
speed restrictions, there were significant
concerns with the two hundred and fifty
(250) yard security zone, in that vessels
could not enter without permission of
the COTP. This area entails the entrance
into Fort Point Channel and Rowes
Wharf. Rowes Wharf is the number one
passenger transfer marine ferry terminal
in Boston Harbor. In each of the
comments, the consensus was that a two
hundred and fifty (250) yard enforced
security zone could potentially disrupt
the water transportation system of
Boston Harbor, which would have
serious economic impacts upon
commercial operators.
In January 15, 2015, without adequate
time to address the comments regarding
the impact of the two hundred and fifty
(250) yard security zone, the Coast
Guard published a temporary final rule
(TFR), entitled ‘‘Security Zone, John
Joseph Moakley United States
Courthouse; Boston, MA’’ (see 80 FR
2013) in preparation for the trial of the
Boston Marathon bomber, Dzhokhar
Tsarnaev, which reduced the restricted
area to one hundred (100) yards.
Publishing a new NPRM to reflect this
change and delaying the effective date
would have been impracticable and
contrary to the public interest since it
would have inhibited the Coast Guard’s
ability to fulfill its statutory missions to
protect people, property, and the Port of
Boston from subversive acts during this
high profile court proceeding.
Accordingly, under 5 U.S.C. 553(d)(3),
the Coast Guard found that good cause
existed for publishing a TFR with an
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Agencies
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Rules and Regulations]
[Pages 10498-10499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04472]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2016-0081]
Safety Zones; Fireworks Events in Captain of the Port New York
Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce various safety zones within the
Captain of the Port New York Zone on the specified dates and times.
This action is necessary to ensure the safety of vessels and spectators
from hazards associated with fireworks displays. During the enforcement
period, no person or vessel may enter the safety zones without
permission of the Captain of the Port (COTP).
DATES: The regulation for the safety zones described in 33 CFR 165.160
will be enforced on the dates and times listed in the table in
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Petty Officer First Class Ronald Sampert U.S. Coast
Guard; telephone 718-354-4154, email ronald.j.sampert@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones listed in 33 CFR 165.160 on the specified dates and times as
indicated in Table 1 below. This regulation was published in the
Federal Register on November 9, 2011 (76 FR 69614).
Table 1
------------------------------------------------------------------------
------------------------------------------------------------------------
1. Relevent Partners, LLC, Pier 54, Launch site: A barge
Hudson River Safety Zone, 33 CFR located in approximate
165.160(5.8). position 40[deg]44'31'' N.
074[deg]01'00'' W. (NAD 1983),
approximately 380 yards west
of Pier 54, Manhattan, New
York. This Safety Zone is a
360-yard radius from the
barge.
Date: February 19,
2016.
Time: 8:30 p.m.-10
p.m.
2. Novo Nordisk, Ellis Island Safety Launch site: A barge
Zone, 33 CFR 165.160(2.2). located between Federal
Anchorages 20-A and 20-B, in
approximate position
40[deg]41'45'' N.
074[deg]02'09'' W. (NAD 1983)
about 365 yards east of Ellis
Island. This Safety Zone is a
360-yard radius from the
barge.
Date: March 10, 2016.
Time: 8:45 p.m.-10
p.m.
3. American Portfolios Holding, Inc., Launch site: A barge
Ellis Island Safety Zone, 33 CFR located between Federal
165.160(2.2). Anchorages 20-A and 20-B, in
approximate position
40[deg]41'45'' N.
074[deg]02'09'' W. (NAD 1983)
about 365 yards east of Ellis
Island. This Safety Zone is a
360-yard radius from the
barge.
Date: May 14, 2016.
Time: 9:00 p.m.-10:10
p.m.
4. City of Poughkeepsie, Independence Launch site: A barge
Day Celebration, Poughkeepsie, NY, located in approximate
Hudson River Safety Zone, 33 CFR position 41[deg]42'24.50'' N.
165.160(5.13). 073[deg]56'44.16 '' W. (NAD
1983), approximately 420 yards
north of the Mid Hudson
Bridge. This Safety Zone is a
300-yard radius from the
barge.
Date: July 4, 2016.
Time: 8:30 p.m.-10:30
p.m.
5. City of Yonkers July 4th Fireworks, Launch site: A barge
Yonkers, NY, Hudson River Safety Zone, located in approximate
33 CFR 165.160(5.5). position 40[deg]56'14.5'' N.
073[deg]54'33'' W. (NAD 1983),
approximately 475 yards
northwest of the Yonkers
Municipal Pier, New York. This
Safety Zone is a 360-yard
radius from the barge.
Date: July 04, 2016.
Time: 08:45 p.m.-10:15
p.m.
6. Intrepid Museum Fireworks Display, Launch site: A barge
Pier 84 Hudson River Safety Zone, 33 located in approximate
CFR 165.160(5.9). position 40[deg]45'56.9'' N.
074[deg]00'25.4'' W. (NAD
1983), approximately 380 yards
west of Pier 84, Manhattan,
New York. This Safety Zone is
a 360-yard radius from the
barge.
Date: May 7, 2016.
Time: 8:20 p.m.-9:30 p.m.
------------------------------------------------------------------------
Under the provisions of 33 CFR 165.160, vessels may not enter the
safety zones unless given permission from the COTP or a designated
representative. Spectator vessels may transit outside the safety zones
but may not anchor, block, loiter in, or impede the transit of other
vessels. The Coast Guard may be assisted by other Federal, State, or
local law enforcement agencies in enforcing this regulation.
[[Page 10499]]
This notice is issued under authority of 33 CFR 165.160(a) and 5
U.S.C. 552 (a). In addition to this notice in the Federal Register, the
Coast Guard will provide mariners with advanced notification of
enforcement periods via the Local Notice to Mariners and marine
information broadcasts. If the COTP determines that a safety zone need
not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the safety zone.
Dated: February 9, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-04472 Filed 2-29-16; 8:45 am]
BILLING CODE 9110-04-P