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]
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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:
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14:16 Jul 12, 2017
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The Coast Guard will enforce
the safety zone for the Sturgeon Bay
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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:
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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
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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
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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,
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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.
-----------------------------------------------------------------------
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