Safety Zones; Fireworks Displays in the Fifth Coast Guard District, 30021-30022 [2019-13564]

Download as PDF 30021 Rules and Regulations Federal Register Vol. 84, No. 123 Wednesday, June 26, 2019 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2019–0464] Safety Zones; Annual Events in the Captain of the Port Buffalo Zone Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce certain safety zones located in the Federal regulations for Annual Events in the Captain of the Port Buffalo zone. This action is necessary and intended to protect the safety of life and property on navigable waters prior to, during, and immediately after these events. During each enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo or a designated representative. DATES: The regulations in 33 CFR 165.939 as listed in Table 165.939 will be enforced for the events and times as stated in the SUPPLEMENTARY INFORMATION section below. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email LT Sean Dolan, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo telephone 716–843–9322, email D09SMB-SECBuffalo-WWM@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zones; Annual Events in the Captain of the Port Buffalo Zone listed in 33 CFR 165.939 for the following events: 1. Conneaut Independence Day Celebration, Conneaut, OH; The safety zone listed in Table 165.939 as (b)(8) will be enforced from 9:30 p.m. through 10:30 p.m. on July 6, 2019. 2. Fairport Harbor Mardi Gras, Fairport Harbor, OH; The safety zone jbell on DSK3GLQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:55 Jun 25, 2019 Jkt 247001 listed in Table 165.939 as (b)(9) will be enforced from 9:15 p.m. through 10:15 p.m. on July 7, 2019. 3. D-Day Conneaut, Conneaut, OH; The safety zone listed in Table 165.939 as (c)(2) will be enforced from 11:45 a.m. through 5:15 p.m. from August 14, 2019 through August 17, 2019. Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring within the safety zones during an enforcement period is prohibited unless authorized by the Captain of the Port Buffalo or a designated representative. Those seeking permission to enter the safety zones may request permission from the Captain of Port Buffalo via channel 16, VHF–FM. Vessels and persons granted permission to enter the safety zones shall obey the directions of the Captain of the Port Buffalo or a designated representative. While within a safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. This notice of enforcement is issued under authority of 33 CFR 165.939 and 5 U.S.C. 552(a). In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via Broadcast Notice to Mariners or Local Notice to Mariners. If the Captain of the Port Buffalo determines that the safety zone need not be enforced for the full duration stated in this notice of enforcement he or she may use a Broadcast Notice to Mariners to grant general permission to enter the respective safety zone. Dated: June 19, 2019. Joseph S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2019–13515 Filed 6–25–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2019–0468] Safety Zones; Fireworks Displays in the Fifth Coast Guard District AGENCY: PO 00000 Coast Guard, DHS. Frm 00001 Fmt 4700 Sfmt 4700 Notice of enforcement of regulation; change of enforcement date. ACTION: The Coast Guard will enforce safety zones for fireworks displays on the Metedeconk River, Brick Township, NJ, as described in its regulations for the Fifth Coast Guard District on various dates in July 2019 to provide for safety of life on navigable waterways during these events. During the enforcement periods an operator of a vessel may not enter, remain in, or transit through the safety zone unless authorized by the Captain of the Port or designated Coast Guard patrol personnel on scene. DATES: The safety zone in section (a), row (9) of the table to 33 CFR 165.506 will be enforced from 6 p.m. through 10 p.m. on each of the following dates: July 4, July 11, July 18, and July 25, 2019. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, you may call or email Petty Officer Thomas Welker, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, telephone 215– 271–4814, email Thomas.J.Welker@ uscg.mil. SUMMARY: The Coast Guard will enforce the safety zone as described in section (a), row (9) of the table to 33 CFR 165.506 from 6 p.m. through 10:00 p.m. on July 4, July 11, July 18, and July 25 of 2019. The published enforcement period for this event is July 2, July 3, July 4 or July 5, and every Thursday in August. We are announcing a change of enforcement date for this year’s event with this notice of enforcement because the events will take place every Thursday in July. This action is necessary to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after the fireworks displays. Our regulation for safety zones of fireworks displays within the Fifth Coast Guard District, table to § 165.506, section (a), row (9), specifies the location of the regulated area as all waters of the Metedeconk River within 300 yards of a fireworks launch site at approximate position latitude 40°03′24″ N, longitude 074°06′42″ W, near the shoreline in Brick Township, NJ. As reflected in § 165.506(d), an operator of a vessel may not enter, remain in, or transit through the safety zone during the enforcement period unless authorized by the Captain SUPPLEMENTARY INFORMATION: E:\FR\FM\26JNR1.SGM 26JNR1 30022 Federal Register / Vol. 84, No. 123 / Wednesday, June 26, 2019 / Rules and Regulations of the Port or designated Coast Guard patrol personnel on scene. In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide notification of the enforcement periods via broadcast notice to mariners. Dated: June 20, 2019. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. [FR Doc. 2019–13564 Filed 6–25–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0454] RIN 1625–AA00 Safety Zone; City of Erie 4th July Fireworks; Presque Isle Bay, Erie, PA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters within a 280-foot radius of the launch site located near the Bicentennial Tower, Erie, PA. This safety zone is intended to restrict vessels from portions of Presque Isle Bay during the City of Erie 4th of July fireworks display. The safety zone is necessary and intended to protect mariners and vessels from potential hazards associated with a fireworks display. 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 9:45 p.m. on July 3, 2019, through 10:30 p.m. on July 5, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0454 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 Sean Dolan, Chief Waterways Management Division, U.S. Coast Guard; telephone 716–843–9322, email D09-SMB-SECBuffalo-WWM@uscg.mil. SUPPLEMENTARY INFORMATION: jbell on DSK3GLQ082PROD with RULES SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations VerDate Sep<11>2014 15:55 Jun 25, 2019 Jkt 247001 DHS Department of Homeland Security FR Federal Register 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 because on April 26, 2019 (84 FR 17756), the Captain of the Port (COTP) Buffalo published a NPRM, Docket Number USCG–2019–0121, to make temporary safety zones for annual events a final rule. This event was included in the NPRM. Its purpose was to mitigate potential threats to personnel, vessels, and the marine environment in the navigable waters within the specified safety zones. The NPRM addressed these concerns, and invited the public to comment during the comment period, which ended on May 28, 2019. As such, it is unnecessary to publish an NPRM for this temporary rule because the public had opportunity to comment on it and no comments were received concerning this event. 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. This safety zone will be included in a final rulemaking action for the NPRM of April 26, 2019. Delaying the effective date would be contrary to the rule’s objectives of protecting safety of life on the navigable waters in the vicinity of the fireworks display. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The COTP determined that a fireworks display presents significant risks to public safety and property. Such hazards include premature and accidental detonations, dangerous projectiles, and falling or burning debris. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 prior to, during, and immediately after the fireworks display. IV. Discussion of the Rule This rule establishes a safety zone from 9:45 p.m. through 10:30 p.m. on July 3, 2019, or those same hours on July 5, 2019, in the case of inclement weather on July 3, 2019. The safety zone will cover all navigable waters of Presque Isle Bay; Erie, PA contained within a 280-foot radius of: 42°08′17.13″ N, 080°05′30.17″ W. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the fireworks event takes place. Entry into, transiting, or anchoring with the safety zone is prohibited unless authorized by the COTP or a designated representative. 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. This regulatory action determination is based on the conclusion that this rule is not a significant regulatory action. 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 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 COTP. E:\FR\FM\26JNR1.SGM 26JNR1

Agencies

[Federal Register Volume 84, Number 123 (Wednesday, June 26, 2019)]
[Rules and Regulations]
[Pages 30021-30022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13564]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0468]


Safety Zones; Fireworks Displays in the Fifth Coast Guard 
District

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation; change of enforcement 
date.

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SUMMARY: The Coast Guard will enforce safety zones for fireworks 
displays on the Metedeconk River, Brick Township, NJ, as described in 
its regulations for the Fifth Coast Guard District on various dates in 
July 2019 to provide for safety of life on navigable waterways during 
these events. During the enforcement periods an operator of a vessel 
may not enter, remain in, or transit through the safety zone unless 
authorized by the Captain of the Port or designated Coast Guard patrol 
personnel on scene.

DATES: The safety zone in section (a), row (9) of the table to 33 CFR 
165.506 will be enforced from 6 p.m. through 10 p.m. on each of the 
following dates: July 4, July 11, July 18, and July 25, 2019.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, you may call or email Petty Officer Thomas 
Welker, U.S. Coast Guard, Sector Delaware Bay, Waterways Management 
Division, telephone 215-271-4814, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone 
as described in section (a), row (9) of the table to 33 CFR 165.506 
from 6 p.m. through 10:00 p.m. on July 4, July 11, July 18, and July 25 
of 2019. The published enforcement period for this event is July 2, 
July 3, July 4 or July 5, and every Thursday in August. We are 
announcing a change of enforcement date for this year's event with this 
notice of enforcement because the events will take place every Thursday 
in July. This action is necessary to ensure safety of life on the 
navigable waters of the United States immediately prior to, during, and 
immediately after the fireworks displays. Our regulation for safety 
zones of fireworks displays within the Fifth Coast Guard District, 
table to Sec.  165.506, section (a), row (9), specifies the location of 
the regulated area as all waters of the Metedeconk River within 300 
yards of a fireworks launch site at approximate position latitude 
40[deg]03'24'' N, longitude 074[deg]06'42'' W, near the shoreline in 
Brick Township, NJ. As reflected in Sec.  165.506(d), an operator of a 
vessel may not enter, remain in, or transit through the safety zone 
during the enforcement period unless authorized by the Captain

[[Page 30022]]

of the Port or designated Coast Guard patrol personnel on scene.
    In addition to this notice of enforcement in the Federal Register, 
the Coast Guard will provide notification of the enforcement periods 
via broadcast notice to mariners.

    Dated: June 20, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2019-13564 Filed 6-25-19; 8:45 am]
 BILLING CODE 9110-04-P