Special Local Regulations and Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District, 41810-41811 [2016-15330]

Download as PDF 41810 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations 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 above. 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. asabaliauskas on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 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 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 involves the creation of a safety zone that will be enforced from 6 p.m. until 10:30 p.m. on July 4, 2016. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. 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. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS. 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. Add a temporary § 165.T07–0529 to read as follows: ■ § 165.T07–0529 Safety Zone; 4th of July Firework Celebration, Key West, FL. (a) Regulated Area. The following regulated area is a safety zone. A 300 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 yard radius from the end of White Street Pier. (b) Definition. The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Key West in the enforcement of the regulated area. (c) Regulations. (1) Non-participant persons and vessels are prohibited from entering the race area. Non-participant persons and vessels may request authorization to enter, transit through, anchor in, or remain within the regulated area by contacting the Captain of the Port Key West by telephone at (305) 433–0954 or (305) 292–8727 or a designated representative via VHF radio on channel 16. If authorization is granted by the Captain of the Port Key West or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Key West or a designated representative. (2) The Coast Guard will provide notice of the safety zone by Marine Safety Information Bulletin, Broadcast Notice to Mariners and on-scene designated representatives. (d) Enforcement period. This rule will be effective on July 4, 2016, and will be enforced from 6 p.m. until 10:30 p.m. July 4, 2016. Dated: June 22, 2016. J.A. Janszen, Captain, U.S. Coast Guard, Captain of the Port Key West. [FR Doc. 2016–15224 Filed 6–27–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2015–0854] Special Local Regulations and Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce a safety zone for the fireworks display taking place on the Chesapeake Bay near Chesapeake Beach, MD on July 1, 2016. This is a change from the annually scheduled event on July 3, 2016, as indicated in 33 CFR 165.506. This SUMMARY: E:\FR\FM\28JNR1.SGM 28JNR1 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations action is necessary to ensure safety of life on navigable waters during this event. Our regulation for Recurring Marine Events within the Fifth Coast Guard District identifies the regulated area for this fireworks display event. During the enforcement period, no person or vessel may enter, transit through, anchor in, or remain within the regulated area without approval from the Captain of the Port or a designated representative. DATES: The regulations in 33 CFR 165.506, listed as event (b)10, Chesapeake Bay, Chesapeake Beach, MD; Safety Zone, in the Table to 33 CFR 165.506 will be enforced from 8:30 p.m. to 10:30 p.m. on July 1, 2016; and in the case of inclement weather enforcement will be from 8:30 p.m. to 10:30 p.m. on July 3, 2016. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Mr. Ron Houck, U.S. Coast Guard Sector Maryland-National Capital Region (WWM Division); telephone 410–576– 2674, email Ronald.L.Houck@uscg.mil. SUPPLEMENTARY INFORMATION: On June 4, 2016, the Coast Guard was notified by the event sponsor that the date of this annual fireworks display was rescheduled to accommodate the weekend dates of the Independence Day Holiday for 2016. The time of the annual fireworks display remains unchanged. The Coast Guard will enforce the safety zone in 33 CFR 165.506 from 8:30 p.m. until 10:30 p.m. on July 1, 2016, for the Town of Chesapeake Beach, MD fireworks display. This action is being taken to provide for the safety of life on navigable waterways during this event. Our regulation for Recurring Marine Events within the Fifth Coast Guard District, § 165.506, specifies the location of the regulated area for this safety zone as two circular shaped areas that include all waters of the Chesapeake Bay, within a 150 yard radius of the fireworks barge at latitude 38°41′36″ N., longitude 076°31′30″ W. and a 150 yard radius of the fireworks barge at latitude 38°41′28″ N., longitude 076°31′29″ W., located near Chesapeake Beach, Maryland. As specified in § 165.506(d), during the enforcement period, no vessel may not enter, remain in, or transit through the safety zone without approval from the Captain of the Port (COTP) or a COTP designated representative. The Coast Guard may be assisted by other Federal, state or local law enforcement agencies in enforcing this regulation. If the COTP or his designated on-scene Patrol Commander determines the regulated area need not VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 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 regulated area. This notice of enforcement is issued under authority of 33 CFR 165.506 (d) and 5 U.S.C. 552 (a). In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts. Dated: June 15, 2016. Michael W. Batchelder, Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-National Capital Region. [FR Doc. 2016–15330 Filed 6–27–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2016–0557] RIN 1625–AA87; 1625–AA00 Security Zones; 2016 Republican National Convention, and Associated Voluntary First Amendment Safety Zones, Lake Erie and Cuyahoga River, Cleveland, OH Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing temporary security zones and safety zones for navigable waters within the Cleveland Harbor during the 2016 Republican National Convention. The Republican National Convention and related activities will be held at Quicken Loans Arena and other venues from July 17, 2016 through July 22, 2016. The Department of Homeland Security has designated the 2016 Republican National Convention as a National Special Security Event (NSSE). The security zones are necessary to protect convention delegates, official parties, dignitaries, the public and surrounding waterways from terrorist acts, sabotage or other subversive acts, accidents, or other causes of a similar nature. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo or a designated representative. DATES: This rule is effective from 8 a.m. July 15, 2016 through 11:59 p.m. July 22, 2016. ADDRESSES: To view documents mentioned in this preamble as being SUMMARY: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 41811 available in the docket, go to https:// www.regulations.gov, type USCG–2016– 0557 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 LT Michael Collet, Chief of Waterways Management, Sector Buffalo, U.S. Coast Guard; telephone 716–843– 9322, email D09-SMB-SECBuffaloWWM@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register Pub. L. Public Law NPRM Notice of Proposed Rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule due to it being impracticable and contrary to the public interest. Due to the sensitive security issues related to the Republican National Convention, providing a public notice and comment period would be contrary to the security zone’s intended objective of protecting VIPs and the public, because we cannot share the sensitive security information details prior to the rule being published. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Any delay encountered in this temporary rule’s effective date would be contrary to the public interest given the need to ensure the safety and security of the event and participating members during the Republican National Convention from July 15, 2016 through July 22, 2016. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Buffalo has E:\FR\FM\28JNR1.SGM 28JNR1

Agencies

[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41810-41811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15330]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0854]


Special Local Regulations and Safety Zones; Recurring Marine 
Events and Fireworks Displays Within the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will enforce a safety zone for the fireworks 
display taking place on the Chesapeake Bay near Chesapeake Beach, MD on 
July 1, 2016. This is a change from the annually scheduled event on 
July 3, 2016, as indicated in 33 CFR 165.506. This

[[Page 41811]]

action is necessary to ensure safety of life on navigable waters during 
this event. Our regulation for Recurring Marine Events within the Fifth 
Coast Guard District identifies the regulated area for this fireworks 
display event. During the enforcement period, no person or vessel may 
enter, transit through, anchor in, or remain within the regulated area 
without approval from the Captain of the Port or a designated 
representative.

DATES: The regulations in 33 CFR 165.506, listed as event (b)10, 
Chesapeake Bay, Chesapeake Beach, MD; Safety Zone, in the Table to 33 
CFR 165.506 will be enforced from 8:30 p.m. to 10:30 p.m. on July 1, 
2016; and in the case of inclement weather enforcement will be from 
8:30 p.m. to 10:30 p.m. on July 3, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email Mr. Ron Houck, U.S. Coast Guard 
Sector Maryland-National Capital Region (WWM Division); telephone 410-
576-2674, email Ronald.L.Houck@uscg.mil.

SUPPLEMENTARY INFORMATION: On June 4, 2016, the Coast Guard was 
notified by the event sponsor that the date of this annual fireworks 
display was rescheduled to accommodate the weekend dates of the 
Independence Day Holiday for 2016. The time of the annual fireworks 
display remains unchanged. The Coast Guard will enforce the safety zone 
in 33 CFR 165.506 from 8:30 p.m. until 10:30 p.m. on July 1, 2016, for 
the Town of Chesapeake Beach, MD fireworks display. This action is 
being taken to provide for the safety of life on navigable waterways 
during this event. Our regulation for Recurring Marine Events within 
the Fifth Coast Guard District, Sec.  165.506, specifies the location 
of the regulated area for this safety zone as two circular shaped areas 
that include all waters of the Chesapeake Bay, within a 150 yard radius 
of the fireworks barge at latitude 38[deg]41'36'' N., longitude 
076[deg]31'30'' W. and a 150 yard radius of the fireworks barge at 
latitude 38[deg]41'28'' N., longitude 076[deg]31'29'' W., located near 
Chesapeake Beach, Maryland. As specified in Sec.  165.506(d), during 
the enforcement period, no vessel may not enter, remain in, or transit 
through the safety zone without approval from the Captain of the Port 
(COTP) or a COTP designated representative. The Coast Guard may be 
assisted by other Federal, state or local law enforcement agencies in 
enforcing this regulation. If the COTP or his designated on-scene 
Patrol Commander determines the regulated area 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 regulated area.
    This notice of enforcement is issued under authority of 33 CFR 
165.506 (d) and 5 U.S.C. 552 (a). In addition to this notice of 
enforcement in the Federal Register, the Coast Guard will provide 
notification of this enforcement period via the Local Notice to 
Mariners and marine information broadcasts.

    Dated: June 15, 2016.
Michael W. Batchelder,
Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-
National Capital Region.
[FR Doc. 2016-15330 Filed 6-27-16; 8:45 am]
 BILLING CODE 9110-04-P
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