Safety Zones; Fireworks Events in Captain of the Port New York Zone, 10498-10499 [2016-04472]

Download as PDF 10498 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 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. E:\FR\FM\01MRR1.SGM 01MRR1 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 http:// 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 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 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 E:\FR\FM\01MRR1.SGM 01MRR1

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