Safety Zones; Annual Fireworks Displays Within the Captain of the Port, Puget Sound, 23350-23351 [2023-08014]
Download as PDF
<![CDATA[
23350
Federal Register / Vol. 88, No. 73 / Monday, April 17, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
proposed rule and other relevant matter
presented, including the Authorization
Act.
We do not anticipate issuing a final
rule in that rulemaking until after May
8, 2023. In that rulemaking we will
consider either keeping the
implementation date introduced by this
rule, May 8, 2026, or changing it to an
even later date. To view the status of
that rulemaking, TWIC—Reader
Requirements; Second Delay of Effective
Date, search for RIN 1625–AC80 in the
Unified Agenda via www.reginfo.gov.
The Coast Guard is issuing this 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
NPRM with respect to this rule. This
rule simply conforms the regulations
with the applicable statute, notice and
comment procedures are unnecessary.
We have referenced the separate,
ongoing rulemaking that will address
whether the implementing date in our
regulations should be changed to a date
beyond the earliest date, May 8, 2026,
permitted by the Authorization Act.
Also, we find good cause under
provisions in 5 U.S.C. 553(d)(3) to make
this rule effective upon publication
because delaying the effective date is
unnecessary and contrary to the public
interest. Given the nullification of the
May 6, 2023 date by the Authorization
Act, changing the date immediately will
have no effect on the public. In
addition, waiting 30 days after
publication to remove the conflicting
dates from § 105.253(a)(2) through (4) is
contrary to the public’s interest in
having access to accurate regulations.
We have analyzed this final rule
under Department of Homeland
Security Management 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 made a
determination that this action is one of
a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. A Record of
Environmental Consideration
supporting this determination is
available in the docket. This rule is
categorically excluded under paragraph
L54 of Appendix A, Table 1 of DHS
Instruction Manual 023–01(series).
Paragraph L54 pertains to regulations
that are editorial or procedural.
List of Subjects in 33 CFR Part 105
Maritime security, Navigation (water),
Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons listed in the preamble,
the Coast Guard amends 33 CFR part
105 as follows:
PART 105—MARITIME SECURITY:
FACILITIES
1. The authority citation for part 105
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70103, 70116;
sec. 811, Pub. L. 111–281, 124 Stat. 2905 (46
U.S.C. 70103 note); 33 CFR 1.05–1, 6.04–11,
6.14, 6.16, and 6.19; DHS Delegation No.
00170.1, Revision No. 01.3.
2. In § 105.253, paragraphs (a)(2)
through (4), remove the date ‘‘May 8,
2023’’, and add, in its place, the date
‘‘May 8, 2026’’.
■
Dated: April 12, 2023.
J.E. McLeod,
Acting Chief, Office of Regulations and
Administrative Law.
[FR Doc. 2023–08040 Filed 4–14–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0262]
Safety Zones; Annual Fireworks
Displays Within the Captain of the
Port, Puget Sound
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
fourteen safety zones for annual
firework displays in the Captain of the
Port, Sector Puget Sound Zone during
the dates and times noted under
SUPPLEMENTARY INFORMATION. This
action is necessary to prevent injury and
to protect life and property of the
maritime public from the hazards
associated with the firework displays.
The regulation prohibits persons and
vessels from being in the regulated areas
unless authorized by the Captain of the
Port Puget Sound or a designated
representative.
SUMMARY:
The regulations in 33 CFR
165.1332 will be enforced for the
fourteen safety zones identified in the
SUPPLEMENTARY INFORMATION section
from 5 p.m. on July 4, 2023, through 1
a.m. on July 5, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Chief
Warrant Officer William Martinez,
Sector Puget Sound Waterways
Management, Coast Guard; telephone
206–217–6051,
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce regulations in 33
CFR 165.1332 for the following safety
zones established for Annual Fireworks
Displays within the Captain of the Port,
Puget Sound Area of Responsibility.
These regulations will be enforced from
5 p.m. on July 4, 2023, through 1 a.m.
on July 5, 2023, at the following
locations:
DATES:
Event name
Location
Seattle Seafair ........................................................
City of Anacortes ....................................................
Mercer Island Celebration ......................................
Fireworks Display ...................................................
Kenmore Community Fireworks Display ................
Kingston Fireworks .................................................
Brewster Fire Department Fireworks ......................
Port Angeles ...........................................................
Friday Harbor Independence ..................................
Roche Harbor Fireworks .........................................
True Colors Event ...................................................
Lake Washington ...................................................
Fidalgo Bay ............................................................
Mercer Island .........................................................
Henderson Bay ......................................................
Lake Forest Park ....................................................
Appletree Cove ......................................................
Brewster .................................................................
Port Angeles Harbor ..............................................
Friday Harbor .........................................................
Roche Harbor .........................................................
Blaine .....................................................................
VerDate Sep<11>2014
15:49 Apr 14, 2023
Jkt 259001
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Latitude
E:\FR\FM\17APR1.SGM
47°34.333′
48°30.016′
47°35.517′
47°21.8′
47°44.783′
47°47.65′
48°05.362′
48°07.033′
48°32.255′
48°36.7′
48°59.488′
17APR1
Longitude
N
N
N
N
N
N
N
N
N
N
N
122°16.017
122°36.154′
122°13.233′
122°38.367′
122°16.917′
122°29.917′
119°47.147′
123°24.967′
123°0.654′
123°09.5′
122°46.339′
W
W
W
W
W
W
W
W
W
W
W
Federal Register / Vol. 88, No. 73 / Monday, April 17, 2023 / Rules and Regulations
Event name
Location
City of Mount Vernon Fireworks .............................
Edgewater Park ......................................................
The special requirements listed in 33
CFR 165.1332(b) apply to the activation
and enforcement of these safety zones.
All non-participants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area unless authorized by the Captain of
the Port or their designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
In addition to the publication of this
document in the Federal Register, the
Coast Guard will issue advanced
notification of enforcement of these
safety zones via the Broadcast Notice to
Mariners and Local Notice to Mariners.
Dated: April 10, 2023.
Y. Moon,
Captain, U.S. Coast Guard, Acting Captain
of the Port Sector Puget Sound.
[FR Doc. 2023–08014 Filed 4–14–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0207]
RIN 1625–AA87
Security Zone; Kokosing ROV Survey
Operation, Straits of Mackinac, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone
for navigable waters within a 500-yard
radius of Tug Valerie B, Tug Nancy
Anne, Tug Champion, Tug General and
crew boat Timmy V. The security zone
is needed to protect the remotely
operated vehicle survey operations from
other vessels. Entry of vessels into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sault Ste. Marie.
DATES: This rule is effective from May
1, 2023, through May 31, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0207 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:49 Apr 14, 2023
Jkt 259001
If
you have questions on this rule, call or
email LT Deaven S. Palenzuela, Sector
Sault Sainte Marie Waterways
Management Division, U. S. Coast
Guard at (906) 635–3223 or email
ssmprevention@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
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
impractical to publish an NPRM by the
date operations begin and we must
establish a security zone in order to
ensure that remotely operated vehicle
(‘‘ROV’’) operations can be conducted
safely.
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 impracticable
because immediate action is needed to
respond to the potential safety hazards
posed by vessel traffic to Kokosing
Industrial’s ROV survey operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034,
70051, 33 CFR 1.05–1, 6.04–1, 6.04–6,
and 160.5; and Department of Homeland
Security Delegation No. 00170.1,
Revision No. 01.3. The Captain of the
Port Sault Ste. Marie (COTP) has
determined that potential safety hazards
posed by other vessels to ROV survey
operations within one nautical mile of
charted submerged pipeline or cable in
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
23351
Latitude
Longitude
48°25.178′ N
122°20.424′ W
the Straits of Mackinac RNA starting
May 1, 2023, will be a concern and is
establishing security zone within a 500yard radius of Tug Valerie B, Tug Nancy
Anne, Tug Champion, Tug General and
crew boat Timmy V. This rule is needed
to protect the vessels and personnel
involved in the ROV survey operations
from other vessels transiting the Straits
of Mackinac at the same time this
project is being conducted.
IV. Discussion of the Rule
This rule establishes a security zone
from May 1, 2023 through May 31, 2023.
The security zone will cover all
navigable waters within 500 yards of
Tug Valerie B, Tug Nancy Anne, Tug
Champion, Tug General and crew boat
Timmy V. The duration of the security
zone is intended to protect personnel
and vessels involved with conducting
the ROV survey operations. No vessel or
person will be permitted to enter the
security zone without obtaining
permission from the COTP.
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.
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).
This regulatory action determination
is based on the size and location of the
security zone. Vessel traffic will be able
to safely transit around this security
zone which would impact a small
designated area of the Straits of
Mackinac. Moreover, the Coast Guard
will issue a Local Notice to Mariners
about the security zone, and the rule
would allow vessels to seek permission
to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
E:\FR\FM\17APR1.SGM
17APR1
]]>Agencies
[Federal Register Volume 88, Number 73 (Monday, April 17, 2023)]
[Rules and Regulations]
[Pages 23350-23351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08014]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2023-0262]
Safety Zones; Annual Fireworks Displays Within the Captain of the
Port, Puget Sound
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce fourteen safety zones for annual
firework displays in the Captain of the Port, Sector Puget Sound Zone
during the dates and times noted under SUPPLEMENTARY INFORMATION. This
action is necessary to prevent injury and to protect life and property
of the maritime public from the hazards associated with the firework
displays. The regulation prohibits persons and vessels from being in
the regulated areas unless authorized by the Captain of the Port Puget
Sound or a designated representative.
DATES: The regulations in 33 CFR 165.1332 will be enforced for the
fourteen safety zones identified in the SUPPLEMENTARY INFORMATION
section from 5 p.m. on July 4, 2023, through 1 a.m. on July 5, 2023.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Chief Warrant Officer William
Martinez, Sector Puget Sound Waterways Management, Coast Guard;
telephone 206-217-6051, [email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce regulations in
33 CFR 165.1332 for the following safety zones established for Annual
Fireworks Displays within the Captain of the Port, Puget Sound Area of
Responsibility. These regulations will be enforced from 5 p.m. on July
4, 2023, through 1 a.m. on July 5, 2023, at the following locations:
----------------------------------------------------------------------------------------------------------------
Event name Location Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Seattle Seafair............................ Lake Washington.............. 47[deg]34.333' N 122[deg]16.017 W
City of Anacortes.......................... Fidalgo Bay.................. 48[deg]30.016' N 122[deg]36.154' W
Mercer Island Celebration.................. Mercer Island................ 47[deg]35.517' N 122[deg]13.233' W
Fireworks Display.......................... Henderson Bay................ 47[deg]21.8' N 122[deg]38.367' W
Kenmore Community Fireworks Display........ Lake Forest Park............. 47[deg]44.783' N 122[deg]16.917' W
Kingston Fireworks......................... Appletree Cove............... 47[deg]47.65' N 122[deg]29.917' W
Brewster Fire Department Fireworks......... Brewster..................... 48[deg]05.362' N 119[deg]47.147' W
Port Angeles............................... Port Angeles Harbor.......... 48[deg]07.033' N 123[deg]24.967' W
Friday Harbor Independence................. Friday Harbor................ 48[deg]32.255' N 123[deg]0.654' W
Roche Harbor Fireworks..................... Roche Harbor................. 48[deg]36.7' N 123[deg]09.5' W
True Colors Event.......................... Blaine....................... 48[deg]59.488' N 122[deg]46.339' W
[[Page 23351]]
City of Mount Vernon Fireworks............. Edgewater Park............... 48[deg]25.178' N 122[deg]20.424' W
----------------------------------------------------------------------------------------------------------------
The special requirements listed in 33 CFR 165.1332(b) apply to the
activation and enforcement of these safety zones. All non-participants
are prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by the Captain of
the Port or their designated representative. The Coast Guard may be
assisted by other Federal, State, or local law enforcement agencies in
enforcing this regulation.
In addition to the publication of this document in the Federal
Register, the Coast Guard will issue advanced notification of
enforcement of these safety zones via the Broadcast Notice to Mariners
and Local Notice to Mariners.
Dated: April 10, 2023.
Y. Moon,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Puget
Sound.
[FR Doc. 2023-08014 Filed 4-14-23; 8:45 am]
BILLING CODE 9110-04-P
