Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Lubbers Cup Regatta, 16111-16112 [2017-06471]

Download as PDF Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations will not result in such an 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 a temporary safety zone lasting 6 months that will prohibit persons and vessels from entry into the 300 meters (984 feet) safety zone extending in all directions around the entry of lava flow into the Pacific Ocean. This safety zone is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. 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 165 continues to read as follows: mstockstill on DSK3G9T082PROD with RULES ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T14–0172 to read as follows: ■ VerDate Sep<11>2014 16:02 Mar 31, 2017 Jkt 241001 § 165.T14–0172 Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean Entry on Southeast Side of Island of Hawaii, HI. (a) Location. The safety zone area is located within the COTP Zone (See 33 CFR 3.70–10) and encompasses one primary area from the surface of the water to the ocean floor at the Kilauea active lava flow entry into the Pacific Ocean on the southeast side of the Island of Hawaii, HI. The entry point of the lava does change based on flow, however the safety zone will encompass all waters extending 300 meters (984 feet) in all directions around the entry point of lava flow into the ocean associated with the lava flow at the Kamokuna lava delta. (b) Effective period. This rule is effective from 8 a.m. (HST) on March 07, 2017, through 8 a.m. (HST) on September 22, 2017. (c) Regulations. The general regulations governing safety zones contained in § 165.23 apply to the safety zone created by this temporary final rule. (1) All persons and vessels are required to comply with the general regulations governing safety zones found in this part. (2) Entry into or remaining in this safety zone is prohibited unless authorized by the COTP Honolulu or his designated representative. (3) Persons or vessels desiring to transit the safety zone identified in paragraph (a) of this section may contact the COTP of Honolulu through his designated representatives at the Command Center via telephone: (808) 842–2600 and (808) 842–2601; fax: (808) 842–2642; or on VHF channel 16 (156.8 Mhz) to request permission to transit the safety zone. If permission is granted, all persons and vessels must comply with the instructions of the COTP Honolulu or his designated representative and proceed at the minimum speed necessary to maintain a safe course while in the safety zone. (4) The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (d) Notice of enforcement. The COTP Honolulu will provide notice of enforcement of the safety zone described in this section by verbal radio broadcasts and written notice to mariners. (e) Definitions. As used in this section, ‘‘designated representative’’ means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the COTP to assist in enforcing the safety zone described in paragraph (a) of this section. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 16111 Dated: March 28, 2017. M.C. Long, Captain, U.S. Coast Guard, Captain of the Port Honolulu. [FR Doc. 2017–06473 Filed 3–31–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2017–0222] RIN 1625–AA00 Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Lubbers Cup Regatta Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the safety zone on the Spring Lake in Spring Lake, MI in the vicinity of Keenan Marina within a rectangle that is approximately 6,300 by 300 feet for the Lubbers Cup Regatta on April 8, 2017 and April 9, 2017. This action is necessary and intended to ensure safety of life on navigable waters immediately prior to, during, and after the Regatta. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in the safety zone. No person or vessel may enter the safety zone while it is being enforced without permission of the Captain of the Port Lake Michigan or a designated representative. DATES: The regulations in 33 CFR 165.929 will be enforced for safety zone (b)(2), Table 165.929, from 7:45 a.m. until 7:15 p.m. on April 8, 2017 and 7:45 a.m. until 12:15 p.m. on April 9, 2017. FOR FURTHER INFORMATION CONTACT: If you have questions on this document, call or email marine event coordinator, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747–7148, email D09-SMBSECLakeMichigan-WWM@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Lubbers Cup Regatta safety zone listed as item (b)(2) in Table 165.929 of 33 CFR 165.929. Section 165.929 lists many annual events requiring safety zones in the Captain of the Port Lake Michigan zone. This safety zone will encompass all waters of Spring Lake in Spring Lake, Michigan in the vicinity of Keenan Marina within a rectangle that is SUMMARY: E:\FR\FM\03APR1.SGM 03APR1 16112 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations approximately 6,300 by 300 feet. The rectangle will be bounded by points beginning at 43°04.914′ N., 086°12.525′ W.; then east to 43°04.958′ N., 086°11.104′ W.; then south to 43°04.913′ N., 086°11.096′ W.; then west to 43°04.867′ N., 086°12.527′ W.; then north back to the point of origin. (NAD 83). As specified in 33 CFR 165.929, all vessels must obtain permission from the Captain of the Port Lake Michigan or a designated representative to enter, move within, or exit the safety zone when it is enforced. Vessels and persons granted permission to enter the safety zone must obey all lawful orders or directions of the Captain of the Port Lake Michigan or a designated representative. This document is issued under authority of 33 CFR 165.929, Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Coast Guard plans to provide the maritime community with advance notification for the enforcement of this zone via Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port Lake Michigan or a representative may be contacted via Channel 16, VHF–FM. Dated: March 28, 2017. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. 2017–06471 Filed 3–31–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0176] RIN 1625–AA00 Safety Zone for Fireworks Display; Patapsco River, Inner Harbor, Baltimore, MD Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for certain waters of the Patapsco River. This action is necessary to provide for the safety of life on the navigable waters of the Inner Harbor at Baltimore, MD, during a fireworks display on April 8, 2017. This action will prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative. mstockstill on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:02 Mar 31, 2017 Jkt 241001 This rule is effective from 11 p.m. on April 8, 2017, until 1 a.m. on April 10, 2017. This rule will be enforced from 11 p.m. on April 8, 2017, until 1 a.m. on April 9, 2017, or if necessary due to inclement weather, from 11 p.m. on April 9, 2017, until 1 a.m. on April 10, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0176 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 about this rulemaking, call or email Mr. Ronald Houck, Sector Maryland-National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410–576–2674, email Ronald.L.Houck@ uscg.mil. SUPPLEMENTARY INFORMATION: DATES: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Coast Guard is issuing this temporary final 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 with respect to this rule because doing so would be impracticable and contrary to the public interest. The event is scheduled to take place on April 9th and the safety zone must be in effect on that date in order to serve its purpose of ensuring the safety of the public from hazards associated with the fireworks display. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register because doing so would be impracticable and contrary to the public interest. Delaying the effective date would be contrary to the rule’s objectives of ensuring the safety of PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 the public from hazards associated with the fireworks display. The public fireworks display will be conducted by Fireworks by Grucci, Inc. and launched from five floating platforms located within the waters of Inner Harbor Baltimore, between Inner Harbor Pier 3 and Inner Harbor Pier 5 in Baltimore, MD. In the event of inclement weather, the fireworks display will be scheduled for April 9, 2017. Hazards from fireworks displays include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The Captain of the Port (COTP) has determined that potential hazards associated with the fireworks to be used in this display would be a safety concern for anyone within a 75-yard radius of each of each of the five fireworks discharge sites. The fireworks display will be conducted at a time of year and time of day when boating traffic is expected to be minimal. The purpose of this rulemaking is to ensure the safety of persons and vessels on the navigable waters within the Inner Harbor before, during, and after the scheduled event. The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. III. Discussion of Rule The COTP is establishing a safety zone from 11 p.m. on April 8, 2017, until 1 a.m. on April 9, 2017, and if necessary due to inclement weather, from 11 p.m. on April 9, 2017, until 1 a.m. on April 10, 2017. The safety zone will cover all navigable waters of the Patapsco River, Inner Harbor, from shoreline to shoreline, within an area bounded on the east by longitude 076°36′12″ W., and bounded on the west by the Inner Harbor west bulkhead, located at Baltimore, MD. The duration of the zone is intended to ensure the safety of persons and vessels on the specified navigable waters before, during, and after the scheduled 11:59 p.m. fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text appears at the end of this document. IV. 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. E:\FR\FM\03APR1.SGM 03APR1

Agencies

[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Rules and Regulations]
[Pages 16111-16112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06471]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0222]
RIN 1625-AA00


Safety Zone; Annual Events Requiring Safety Zones in the Captain 
of the Port Lake Michigan Zone--Lubbers Cup Regatta

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone on the Spring 
Lake in Spring Lake, MI in the vicinity of Keenan Marina within a 
rectangle that is approximately 6,300 by 300 feet for the Lubbers Cup 
Regatta on April 8, 2017 and April 9, 2017. This action is necessary 
and intended to ensure safety of life on navigable waters immediately 
prior to, during, and after the Regatta. During the aforementioned 
period, the Coast Guard will enforce restrictions upon, and control 
movement of, vessels in the safety zone. No person or vessel may enter 
the safety zone while it is being enforced without permission of the 
Captain of the Port Lake Michigan or a designated representative.

DATES: The regulations in 33 CFR 165.929 will be enforced for safety 
zone (b)(2), Table 165.929, from 7:45 a.m. until 7:15 p.m. on April 8, 
2017 and 7:45 a.m. until 12:15 p.m. on April 9, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
document, call or email marine event coordinator, Prevention 
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 
747-7148, email D09-SMB-SECLakeMichigan-WWM@uscg.mil.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Lubbers Cup 
Regatta safety zone listed as item (b)(2) in Table 165.929 of 33 CFR 
165.929. Section 165.929 lists many annual events requiring safety 
zones in the Captain of the Port Lake Michigan zone. This safety zone 
will encompass all waters of Spring Lake in Spring Lake, Michigan in 
the vicinity of Keenan Marina within a rectangle that is

[[Page 16112]]

approximately 6,300 by 300 feet. The rectangle will be bounded by 
points beginning at 43[deg]04.914' N., 086[deg]12.525' W.; then east to 
43[deg]04.958' N., 086[deg]11.104' W.; then south to 43[deg]04.913' N., 
086[deg]11.096' W.; then west to 43[deg]04.867' N., 086[deg]12.527' W.; 
then north back to the point of origin. (NAD 83). As specified in 33 
CFR 165.929, all vessels must obtain permission from the Captain of the 
Port Lake Michigan or a designated representative to enter, move 
within, or exit the safety zone when it is enforced. Vessels and 
persons granted permission to enter the safety zone must obey all 
lawful orders or directions of the Captain of the Port Lake Michigan or 
a designated representative.
    This document is issued under authority of 33 CFR 165.929, Safety 
Zones; Annual events requiring safety zones in the Captain of the Port 
Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this 
publication in the Federal Register, the Coast Guard plans to provide 
the maritime community with advance notification for the enforcement of 
this zone via Broadcast Notice to Mariners or Local Notice to Mariners. 
The Captain of the Port Lake Michigan or a representative may be 
contacted via Channel 16, VHF-FM.

    Dated: March 28, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2017-06471 Filed 3-31-17; 8:45 am]
 BILLING CODE 9110-04-P

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