Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Sturgeon Bay Yacht Club Evening on the Bay Fireworks, 32246-32247 [2017-14688]

Download as PDF 32246 Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations 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. 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 it is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule establishes a temporary safety zone. It is categorically excluded under section 2.B.2, figure 2–1, paragraph 34(g) of the Instruction, which pertains to establishment of safety zones. A Record of Environmental Consideration (REC) supporting this determination is available in the docket where indicated in the ADDRESSES section of this preamble. 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: ■ jstallworth on DSK7TPTVN1PROD 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.T09–0666 to read as follows: ■ River and Oswego Harbor contained within a 150 foot radius around groups of participant paddle craft starting at position 43°20′08″ N., 076°24′58″ W. and traveling northwest to position 43°27′44.2″ N., 076°30′54.9″ W. (NAD 83). (b) Enforcement period. This regulation will be enforced on July 22, 2017 7:45 a.m. until 5:15 p.m. (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Buffalo, or his on-scene representative. Dated: July 6, 2017. J.S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2017–14691 Filed 7–12–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2017–0631] Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Sturgeon Bay Yacht Club Evening on the Bay Fireworks Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: § 165.T09–0666 Safety Zone; Oswego County Paddlefest, Oswego River, Oswego, NY. ACTION: (a) Location. The safety zone will encompass all waters of the Oswego SUMMARY: VerDate Sep<11>2014 14:16 Jul 12, 2017 Jkt 241001 The Coast Guard will enforce the safety zone for the Sturgeon Bay PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Yacht Club Evening on the Bay Fireworks on the Sturgeon Bay Ship Canal in Sturgeon Bay, WI from 8:30 p.m. through 10:30 p.m. on August 12, 2017. This action is necessary and intended to ensure safety of life on navigable waters immediately prior to, during, and after the fireworks display. During the enforcement period, entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or a designated on-scene representative. The regulations in 33 CFR 165.929 will be enforced for the safety zone listed in item (f)(4) of Table 165.929 from 8:30 p.m. through 10:30 p.m. on August 12, 2017. DATES: If you have questions about this notice of enforcement, call or email marine event coordinator, MST1 Kaleena Carpino, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI; telephone (414) 747–7148, email D09SMB-SECLakeMichigan-WWM@ uscg.mil. FOR FURTHER INFORMATION CONTACT: The Coast Guard will enforce the Sturgeon Bay Yacht Club Evening on the Bay Fireworks safety zone listed as item (f)(4) in Table 165.929 of 33 CFR 165.929 from 8:30 p.m. through 10:30 p.m. on August 12, 2017 on all waters of the Sturgeon Bay Ship Canal within the arc of a circle with a 500-foot radius from a center point launch position at 44°49.297′ N., 087°21.447′ W. (NAD 83). Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or a designated onscene representative. The Captain of the Port Lake Michigan or a representative may be contacted at 414–747–7182 or via Channel 16, VHF–FM. This notice of enforcement 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 safety zone via Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port Lake Michigan or a representative may be contacted at 414– 747–7182 or via Channel 16, VHF–FM. SUPPLEMENTARY INFORMATION: E:\FR\FM\13JYR1.SGM 13JYR1 Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations U.S.C. Dated: July 6, 2017. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. 2017–14688 Filed 7–12–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0482] RIN 1625–AA00 Safety Zone; Cleveland Parade of Lights Boat Parade; Cuyahoga River, Cleveland, OH Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a moving safety zone for certain waters of the Cuyahoga River. This action is necessary to provide for the safety of life on these navigable waters in the Cuyahoga River, Cleveland, OH during the Cleveland Parade of Lights on July 22, 2017. This temporary safety zone is necessary to protect personnel, vessels, and the marine environment from the potential hazards created by 60 vessels transiting in the river with lights not normally used for marine traffic navigation lights. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Buffalo. DATES: This rule is effective from 10:00 p.m. through 11:30 p.m. on July 22, 2017. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0482 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 Ryan Junod, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216–937–0124, email ryan.s.junod@uscg.mil. SUPPLEMENTARY INFORMATION: jstallworth on DSK7TPTVN1PROD with RULES ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section VerDate Sep<11>2014 14:16 Jul 12, 2017 Jkt 241001 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. The event sponsor did not submit notice to the Coast Guard with sufficient time remaining before the event to publish an NPRM. Delaying the effective date of this rule to wait for a comment period to run would be impracticable and contrary to the public interest by inhibiting the Coast Guard’s ability to protect spectators and vessels from the hazards associated with a boat parade. 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 safety of life on the navigable waters and protection of persons and vessels near the boat parade. 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, NY (COTP) has determined that potential hazards associated with 60 vessels displaying lights that are not used for navigation will be a safety concern for other vessels underway. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during the Cleveland Parade of Lights. IV. Discussion of the Rule This rule establishes a safety zone from 10 p.m. through 11:30 p.m. on July 22, 2017. The moving safety zone will encompass all waters within 25 feet of the vessels participating in the Cleveland Parade of Lights in the Cuyahoga River. The safety zone will move with participating vessels as they transit from the mouth of the Cuyahoga River in the vicinity of position 41°29′59″ N., 081°43′31″ W., to PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 32247 Merwin’s Wharf in the vicinity of 41°29′23″ N., 081°42′16″ W., and returning to the mouth of the Old River at 41°29′55″ N., 081°42′18″ W. (NAD 83). No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. V. 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. A. 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 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for a relatively short time. Also, the safety zone is designed to minimize its impact on navigable waters. Furthermore, the safety zone has been designed to allow vessels to transit around it. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, E:\FR\FM\13JYR1.SGM 13JYR1

Agencies

[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Rules and Regulations]
[Pages 32246-32247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14688]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0631]


Safety Zone; Annual Events Requiring Safety Zones in the Captain 
of the Port Lake Michigan Zone-Sturgeon Bay Yacht Club Evening on the 
Bay Fireworks

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the Sturgeon 
Bay Yacht Club Evening on the Bay Fireworks on the Sturgeon Bay Ship 
Canal in Sturgeon Bay, WI from 8:30 p.m. through 10:30 p.m. on August 
12, 2017. This action is necessary and intended to ensure safety of 
life on navigable waters immediately prior to, during, and after the 
fireworks display. During the enforcement period, entry into, 
transiting, or anchoring within the safety zone is prohibited unless 
authorized by the Captain of the Port Lake Michigan or a designated on-
scene representative.

DATES: The regulations in 33 CFR 165.929 will be enforced for the 
safety zone listed in item (f)(4) of Table 165.929 from 8:30 p.m. 
through 10:30 p.m. on August 12, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email marine event coordinator, MST1 
Kaleena Carpino, Prevention Department, Coast Guard Sector Lake 
Michigan, Milwaukee, WI; telephone (414) 747-7148, email D09-SMB-SECLakeMichigan-WWM@uscg.mil.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Sturgeon 
Bay Yacht Club Evening on the Bay Fireworks safety zone listed as item 
(f)(4) in Table 165.929 of 33 CFR 165.929 from 8:30 p.m. through 10:30 
p.m. on August 12, 2017 on all waters of the Sturgeon Bay Ship Canal 
within the arc of a circle with a 500-foot radius from a center point 
launch position at 44[deg]49.297' N., 087[deg]21.447' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Lake Michigan 
or a designated on-scene representative. The Captain of the Port Lake 
Michigan or a representative may be contacted at 414-747-7182 or via 
Channel 16, VHF-FM.
    This notice of enforcement 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 safety zone via Broadcast Notice to Mariners or 
Local Notice to Mariners. The Captain of the Port Lake Michigan or a 
representative may be contacted at 414-747-7182 or via Channel 16, VHF-
FM.


[[Page 32247]]


    Dated: July 6, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2017-14688 Filed 7-12-17; 8:45 am]
BILLING CODE 9110-04-P
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