Safety Zones; Annual Events in the Captain of the Port Detroit Zone, 53673-53674 [2022-18954]

Download as PDF Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Rules and Regulations would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. 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. 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). jspears on DSK121TN23PROD with RULES 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. 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 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 VerDate Sep<11>2014 16:19 Aug 31, 2022 Jkt 256001 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 Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), 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 safety zone lasting only 3 hours that will prohibit entry within a 600-foot radius of a fireworks display in Round Island Channel. It is categorically excluded from further review under paragraph L[60(a)] of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email 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 record keeping 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 53673 § 165.T09–0366 Safety Zone; Jon Cotton Wedding Fireworks, Round Island Channel, MI. (a) Location. The following area is a safety zone: All navigable water within 600 feet of the fireworks launching location in position 45°50′38.95 N, 84°37′7.39 W (NAD 83). The back-up launch site will be in located in position 45°50′19.11 N, 84°36′20.8 W (NAD 83) in case it is unsafe to launch fireworks from the primary location. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Sault Sainte Marie (COTP) in the enforcement of the safety zone. (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within the safety zone described in paragraph (a) of this section is prohibited unless authorized by the Captain of the Port, Sault Sainte Marie or his designated representative. (2) Before a vessel operator may enter or operate within the safety zone, they must obtain permission from the Captain of the Port, Sault Sainte Marie, or his designated representative via VHF Channel 16 or telephone at (906) 635– 3233. Vessel operators given permission to enter or operate in the safety zone must comply with all orders given to them by the Captain of the Port, Sault Sainte Marie or his designated representative. (d) Enforcement period. This section will be enforced from 8 p.m. through 11 p.m. on September 17, 2022. A.R. Jones, Captain of the Port Sault Sainte Marie. [FR Doc. 2022–18871 Filed 8–31–22; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2022–0748] 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 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.T09–0366 to read as follows: ■ PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 Safety Zones; Annual Events in the Captain of the Port Detroit Zone Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the safety zone for the annual Lakeside SUMMARY: E:\FR\FM\01SER1.SGM 01SER1 53674 Federal Register / Vol. 87, No. 169 / Thursday, September 1, 2022 / Rules and Regulations fireworks in the Captain of the Port Detroit zone. Enforcement of the safety zone is necessary to protect the safety of life and property on the navigable waters immediately prior to, during, and immediately after this event. During each enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port Detroit or his designated representative. Dated: August 29, 2022. Brad W. Kelly, Captain, U.S. Coast Guard, Captain of the Port Detroit. The regulations in 33 CFR 165.941, Table 1, will be enforced from 9 p.m. until 10:30 p.m. September 3, 2022. Coast Guard If you have questions on this document, call or email Karl Dirksmeyer, MSU Toledo, U.S. Coast Guard; telephone (419) 392–0324, email Karl.E.Dirksmeyer@uscg.mil. RIN 1625–AA00 The Coast Guard will enforce the safety zone listed in 33 CFR 165.941, Table 1 (44) for the End of Season Fireworks in Lakeside, OH. All waters of Lake Erie within a 200-yard radius of the fireworks launch site located on the Lakeside Association Dock at position 41°32.52′ N, 082°45.03′ W. Under the provisions of 33 CFR 165.23, entry into, transiting, or anchoring within these safety zones during the enforcement period is prohibited unless authorized by the Captain of the Port Detroit or his designated representative. Vessels that wish to transit through the safety zones may request permission from the Captain of the Port Detroit or his designated representative. Requests must be made in advance and approved by the Captain of Port Detroit before transits will be authorized. Approvals will be granted on a case-by-case basis. The Captain of the Port Detroit may be contacted via U.S. Coast Guard Sector Detroit on channel 16, VHF–FM or by calling (313) 568–9564. The Coast Guard will give notice to the public via Local Notice to Mariners and VHF radio broadcasts that the regulation is in effect. This notice of enforcement is issued under authority of 33 CFR 165.941 Table 1 and 5 U.S.C. 552(a). If the Captain of the Port Detroit determines that any of these safety zones need not be enforced for the full duration stated in this notice, he may suspend such enforcement and notify the public of the suspension via a Broadcast Notice to Mariners. SUMMARY: DATES: FOR FURTHER INFORMATION CONTACT: jspears on DSK121TN23PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:19 Aug 31, 2022 Jkt 256001 [FR Doc. 2022–18954 Filed 8–31–22; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY 33 CFR Part 165 [Docket Number USCG–2021–0745] Safety Zone; Gulf of Mexico, South Padre Island, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for all navigable waters of Gulf of Mexico within a 1,000-foot radius of a fireworks barge launching fireworks in South Padre Island, Texas. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the fireworks display. Entry of vessels or persons into this temporary zone is prohibited unless specifically authorized by the Captain of the Port Sector Corpus Christi or a designated representative. DATES: This rule is effective from 9 p.m. through 10 p.m. on September 1, 2022. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2022– 0745 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 Lieutenant Commander Anthony Garofalo, Sector Corpus Christi Waterways Management Division, U.S. Coast Guard; telephone 361–939–5130, email CCWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 it is impracticable. We must establish this safety zone by September 1, 2022 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. 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. Delaying the effective date of this rule would be contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with a fireworks display. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector Corpus Christi (COTP) has determined that potential hazards associated with a fireworks display on September 1, 2022, will be a safety concern for anyone in the navigable waters of Gulf of Mexico within a 1,000-foot radius of a fireworks barge launching fireworks in South Padre Island, Texas. The purpose of this rule is to ensure safety of vessels and persons on these navigable waters in the safety zone during the fireworks show. IV. Discussion of the Rule This rule establishes a temporary safety zone from 9:00 p.m. through 10:00 p.m. on September 1, 2022. The fireworks barge will launch fireworks in position 26°5′11.86″ N, 097°9′17.23″ W. No vessel or person is permitted to enter the temporary safety zone during the effective period without obtaining permission from the COTP or a designated representative, who may be contacted on Channel 16 VHF–FM (156.8 MHz) or by telephone at 361– 939–0450. The Coast Guard will issue Local Notices to Mariners, Safety Marine Information Broadcasts, and Broadcast Notice to Mariners via VHF– FM marine channel 16 about the zone. V. Regulatory Analyses We developed this rule after considering numerous statutes and E:\FR\FM\01SER1.SGM 01SER1

Agencies

[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Rules and Regulations]
[Pages 53673-53674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18954]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2022-0748]


Safety Zones; Annual Events in the Captain of the Port Detroit 
Zone

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 annual 
Lakeside

[[Page 53674]]

fireworks in the Captain of the Port Detroit zone. Enforcement of the 
safety zone is necessary to protect the safety of life and property on 
the navigable waters immediately prior to, during, and immediately 
after this event. During each enforcement period, no person or vessel 
may enter the safety zone without permission of the Captain of the Port 
Detroit or his designated representative.

DATES: The regulations in 33 CFR 165.941, Table 1, will be enforced 
from 9 p.m. until 10:30 p.m. September 3, 2022.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
document, call or email Karl Dirksmeyer, MSU Toledo, U.S. Coast Guard; 
telephone (419) 392-0324, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone 
listed in 33 CFR 165.941, Table 1 (44) for the End of Season Fireworks 
in Lakeside, OH. All waters of Lake Erie within a 200-yard radius of 
the fireworks launch site located on the Lakeside Association Dock at 
position 41[deg]32.52' N, 082[deg]45.03' W.
    Under the provisions of 33 CFR 165.23, entry into, transiting, or 
anchoring within these safety zones during the enforcement period is 
prohibited unless authorized by the Captain of the Port Detroit or his 
designated representative. Vessels that wish to transit through the 
safety zones may request permission from the Captain of the Port 
Detroit or his designated representative. Requests must be made in 
advance and approved by the Captain of Port Detroit before transits 
will be authorized. Approvals will be granted on a case-by-case basis. 
The Captain of the Port Detroit may be contacted via U.S. Coast Guard 
Sector Detroit on channel 16, VHF-FM or by calling (313) 568-9564. The 
Coast Guard will give notice to the public via Local Notice to Mariners 
and VHF radio broadcasts that the regulation is in effect.
    This notice of enforcement is issued under authority of 33 CFR 
165.941 Table 1 and 5 U.S.C. 552(a). If the Captain of the Port Detroit 
determines that any of these safety zones need not be enforced for the 
full duration stated in this notice, he may suspend such enforcement 
and notify the public of the suspension via a Broadcast Notice to 
Mariners.

    Dated: August 29, 2022.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2022-18954 Filed 8-31-22; 8:45 am]
BILLING CODE 9110-04-P
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