80 FR 37978 - Safety Zone; Bay Village Independence Day Celebration Fireworks Display; Lake Erie, Bay Village, OH
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 127 (July 2, 2015)
Coast Guard
Federal Register Volume 80, Issue 127 (July 2, 2015)
| Page Range | 37978-37980 | |
| FR Document | 2015-16354 |
[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)] [Rules and Regulations] [Pages 37978-37980] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16354] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0500] RIN 1625-AA00 Safety Zone; Bay Village Independence Day Celebration Fireworks Display; Lake Erie, Bay Village, OH AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone on Lake Erie, Bay Village, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Bay Village Independence Day Celebration fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display. DATES: This rule is effective from 9:45 p.m. until 10:35 p.m. on July 4, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG-2015-0500]. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule A. Regulatory History and Information The Coast Guard is issuing this temporary 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 notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be impracticable and contrary to the public interest because it would inhibit the Coast Guard's ability to protect spectators and vessels from the hazards associated with a maritime fireworks display. 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. For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run would be impracticable and contrary to the public interest. B. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish and define regulatory safety zones. Between 9:45 p.m. and 10:35 p.m. on July 4, 2015, a fireworks display will be held on the shoreline of Lake Erie, Bay Village, OH. It is anticipated that numerous vessels will be in the immediate vicinity of the launch point. The Captain of the Port Buffalo has determined that such a launch proximate to a gathering of watercraft pose a significant risk to public safety and property. Such hazards include premature and accidental detonations, dangerous projectiles, and falling or burning debris. C. Discussion of the Final Rule With the aforementioned hazards in mind, the Captain of the Port Buffalo has determined that this temporary safety zone is necessary to ensure the safety of spectators and vessels during [[Page 37979]] the Bay Village Independence Day Celebration fireworks display. This zone will be enforced from 9:45 p.m. until 10:35 p.m. on July 4, 2015. This zone will encompass all waters of Lake Erie; Bay Village, OH within a 560-foot radius of position 41[deg]29'23.9'' N. and 081[deg]55'44.5'' W. (NAD 83). 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. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. 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. 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered the impact of this rule on small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit or anchor in a portion of Lake Erie on the evening of July 4, 2015. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This safety zone would be effective, and thus subject to enforcement, for only 50 minutes late in the day. Traffic may be allowed to pass through the zone with the permission of the Captain of the Port. The Captain of the Port can be reached via VHF channel 16. Before the enforcement of the zone, we would issue local Broadcast Notice to Mariners. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. 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. 4. 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). 5. Federalism 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 determined that this rule does not have implications for federalism. 6. 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. 7. 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 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. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. 11. Indian Tribal Governments 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. [[Page 37980]] 12. Energy Effects This action is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 (NEPA)(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 the establishment of a safety zone and, therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. 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 parts 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. Sec. 165.T09-0500 Safety Zone; Bay Village Independence Day Celebration Fireworks Display; Lake Erie, Bay Village, OH. (a) Location. This zone will encompass all waters of Lake Erie; Bay Village, OH within a 560-foot radius of position 41[deg]29'23.9'' N. and 081[deg]55'44.5'' W. (NAD 83). (b) Enforcement period. This regulation will be enforced on July 4, 2015 from 9:45 p.m. until 10:35 p.m. (c) Regulations. (1) In accordance with the general regulations in Sec. 165.23 of this part, 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: June 15, 2015. B.W. Roche, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2015-16354 Filed 7-1-15; 8:45 am] BILLING CODE 9110-04-P
![37978 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations
PART 165—REGULATED NAVIGATION DEPARTMENT OF HOMELAND pursuant to authority under section 4(a)
AREAS AND LIMITED ACCESS AREAS SECURITY of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
■ 1. The authority citation for part 165 Coast Guard authorizes an agency to issue a rule
continues to read as follows: without prior notice and opportunity to
33 CFR Part 165 comment when the agency for good
Authority: 33 U.S.C. 1231; 46 U.S.C. cause finds that those procedures are
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; [Docket Number USCG–2015–0500]
‘‘impracticable, unnecessary, or contrary
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; RIN 1625–AA00 to the public interest.’’ Under 5 U.S.C.
Pub. L. 107–295, 116 Stat. 2064; Department 553(b)(B), the Coast Guard finds that
of Homeland Security Delegation No. 0170.1. Safety Zone; Bay Village Independence good cause exists for not publishing a
Day Celebration Fireworks Display; notice of proposed rulemaking (NPRM)
■ 2. § 165.T09–0504 Safety Zone; Lake Erie, Bay Village, OH with respect to this rule because doing
Alexandria Bay Chamber of Commerce so would be impracticable and contrary
AGENCY: Coast Guard, DHS.
Fireworks Display; Saint Lawrence to the public interest. The final details
River, Heart Island, Alexandria Bay, ACTION: Temporary final rule.
for this event were not known to the
NY. SUMMARY: The Coast Guard is Coast Guard until there was insufficient
(a) Location. This zone will establishing a temporary safety zone on time remaining before the event to
encompass all waters of the Saint Lake Erie, Bay Village, OH. This safety publish an NPRM. Thus, delaying the
Lawrence River, Heart Island, zone is intended to restrict vessels from effective date of this rule to wait for a
Alexandria Bay, NY within an 800-foot a portion of Lake Erie during the Bay comment period to run would be
radius of position 44°20′38.5″ N and Village Independence Day Celebration impracticable and contrary to the public
075°55′19.1″ W (NAD 83). fireworks display. This temporary safety interest because it would inhibit the
zone is necessary to protect mariners Coast Guard’s ability to protect
(b) Enforcement period. This and vessels from the navigational spectators and vessels from the hazards
regulation will be enforced on July 5, hazards associated with a fireworks associated with a maritime fireworks
2015 from 9:15 p.m. until 10 p.m. display. display.
(c) Regulations. (1) In accordance with Under 5 U.S.C. 553(d)(3), the Coast
DATES: This rule is effective from 9:45 Guard finds that good cause exists for
the general regulations in § 165.23 of p.m. until 10:35 p.m. on July 4, 2015.
this part, entry into, transiting, or making this temporary rule effective less
ADDRESSES: Documents mentioned in than 30 days after publication in the
anchoring within this safety zone is this preamble are part of docket [USCG–
prohibited unless authorized by the Federal Register. For the same reasons
2015–0500]. To view documents discussed in the preceding paragraph,
Captain of the Port Buffalo or his mentioned in this preamble as being waiting for a 30 day notice period to run
designated on-scene representative. available in the docket, go to http:// would be impracticable and contrary to
(2) This safety zone is closed to all www.regulations.gov, type the docket the public interest.
vessel traffic, except as may be number in the ‘‘SEARCH’’ box and click
permitted by the Captain of the Port ‘‘SEARCH.’’ Click on Open Docket B. Basis and Purpose
Buffalo or his designated on-scene Folder on the line associated with this The legal basis and authorities for this
representative. rulemaking. You may also visit the rule are found in 33 U.S.C. 1231, 46
Docket Management Facility in Room U.S.C. Chapter 701, 3306, 3703; 50
(3) The ‘‘on-scene representative’’ of
W12–140 on the ground floor of the U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
the Captain of the Port Buffalo is any Department of Transportation West 6.04–6, and 160.5; Public Law 107–295,
Coast Guard commissioned, warrant or Building, 1200 New Jersey Avenue SE., 116 Stat. 2064; and Department of
petty officer who has been designated Washington, DC 20590, between 9 a.m. Homeland Security Delegation No.
by the Captain of the Port Buffalo to act and 5 p.m., Monday through Friday, 0170.1, which collectively authorize the
on his behalf. except Federal holidays. Coast Guard to establish and define
(4) Vessel operators desiring to enter FOR FURTHER INFORMATION CONTACT: If regulatory safety zones.
or operate within the safety zone must you have questions on this rule, call LT Between 9:45 p.m. and 10:35 p.m. on
contact the Captain of the Port Buffalo Stephanie Pitts, Chief of Waterways July 4, 2015, a fireworks display will be
or his on-scene representative to obtain Management, U.S. Coast Guard Marine held on the shoreline of Lake Erie, Bay
permission to do so. The Captain of the Safety Unit Cleveland; telephone 216– Village, OH. It is anticipated that
Port Buffalo or his on-scene 937–0128. If you have questions on numerous vessels will be in the
representative may be contacted via viewing the docket, call Ms. Cheryl immediate vicinity of the launch point.
VHF Channel 16. Vessel operators given Collins, Program Manager, Docket The Captain of the Port Buffalo has
permission to enter or operate in the Operations, telephone 202–366–9826 or determined that such a launch
1–800–647–5527. proximate to a gathering of watercraft
safety zone must comply with all
SUPPLEMENTARY INFORMATION: pose a significant risk to public safety
directions given to them by the Captain
and property. Such hazards include
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
of the Port Buffalo, or his on-scene Table of Acronyms premature and accidental detonations,
representative. dangerous projectiles, and falling or
DHS Department of Homeland Security
Dated: June 15, 2015. FR Federal Register burning debris.
B. W. Roche, NPRM Notice of Proposed Rulemaking
C. Discussion of the Final Rule
Captain, U. S. Coast Guard, Captain of the TFR Temporary Final Rule
Port Buffalo.
With the aforementioned hazards in
A. Regulatory History and Information mind, the Captain of the Port Buffalo
[FR Doc. 2015–16345 Filed 7–1–15; 8:45 am]
The Coast Guard is issuing this has determined that this temporary
BILLING CODE 9110–04–P temporary final rule without prior safety zone is necessary to ensure the
notice and opportunity to comment safety of spectators and vessels during
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![37980 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations
12. Energy Effects (b) Enforcement period. This hazards associated with a fireworks
This action is not a ‘‘significant regulation will be enforced on July 4, display.
energy action’’ under Executive Order 2015 from 9:45 p.m. until 10:35 p.m. DATES: This rule will be effective from
13211, Actions Concerning Regulations (c) Regulations. (1) In accordance with 9:30 p.m. until 10:30 p.m. on July 4,
That Significantly Affect Energy Supply, the general regulations in § 165.23 of 2015.
Distribution, or Use. this part, entry into, transiting, or
anchoring within this safety zone is ADDRESSES: Documents mentioned in
13. Technical Standards prohibited unless authorized by the this preamble are part of docket [USCG–
Captain of the Port Buffalo or his 2015–0506]. To view documents
This rule does not use technical
designated on-scene representative. mentioned in this preamble as being
standards. Therefore, we did not
(2) This safety zone is closed to all available in the docket, go to http://
consider the use of voluntary consensus
vessel traffic, except as may be www.regulations.gov, type the docket
standards.
permitted by the Captain of the Port number in the ‘‘SEARCH’’ box and click
14. Environment Buffalo or his designated on-scene ‘‘SEARCH.’’ Click on Open Docket
We have analyzed this rule under representative. Folder on the line associated with this
Department of Homeland Security (3) The ‘‘on-scene representative’’ of rulemaking. You may also visit the
Management Directive 023–01 and the Captain of the Port Buffalo is any Docket Management Facility in Room
Commandant Instruction M16475.lD, Coast Guard commissioned, warrant or W12–140 on the ground floor of the
which guide the Coast Guard in petty officer who has been designated Department of Transportation West
complying with the National by the Captain of the Port Buffalo to act Building, 1200 New Jersey Avenue SE.,
Environmental Policy Act of 1969 on his behalf. Washington, DC 20590, between 9 a.m.
(NEPA)(42 U.S.C. 4321–4370f), and (4) Vessel operators desiring to enter and 5 p.m., Monday through Friday,
have determined that this action is one or operate within the safety zone must except Federal holidays.
of a category of actions that do not contact the Captain of the Port Buffalo FOR FURTHER INFORMATION CONTACT: If
individually or cumulatively have a or his on-scene representative to obtain you have questions on this rule, call or
significant effect on the human permission to do so. The Captain of the email LTJG Amanda Garcia, Chief of
environment. This rule involves the Port Buffalo or his on-scene Waterways Management, U.S. Coast
establishment of a safety zone and, representative may be contacted via Guard Sector Buffalo; telephone 716–
therefore it is categorically excluded VHF Channel 16. Vessel operators given 843–9343, email
from further review under paragraph permission to enter or operate in the SectorBuffaloMarineSafety@uscg.mil. If
34(g) of Figure 2–1 of the Commandant safety zone must comply with all you have questions on viewing the
Instruction. An environmental analysis directions given to them by the Captain docket, call Ms. Cheryl Collins, Program
checklist supporting this determination of the Port Buffalo, or his on-scene Manager, Docket Operations, telephone
and a Categorical Exclusion representative. 202–366–9826 or 1–800–647–5527.
Determination are available in the SUPPLEMENTARY INFORMATION:
Dated: June 15, 2015.
docket where indicated under B.W. Roche, Table of Acronyms
ADDRESSES. We seek any comments or
Captain, U.S. Coast Guard, Captain of the DHS Department of Homeland Security
information that may lead to the Port Buffalo.
discovery of a significant environmental FR Federal Register
[FR Doc. 2015–16354 Filed 7–1–15; 8:45 am] NPRM Notice of Proposed Rulemaking
impact from this rule. TFR Temporary Final Rule
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165 A. Regulatory History and Information
Harbors, Marine safety, Navigation The Coast Guard is issuing this
(water), Reporting and record keeping DEPARTMENT OF HOMELAND
SECURITY temporary final rule without prior
requirements, Security measures, notice and opportunity to comment
Waterways. Coast Guard pursuant to authority under section 4(a)
For the reasons discussed in the of the Administrative Procedure Act
preamble, the Coast Guard amends 33 33 CFR Part 165 (APA) (5 U.S.C. 553(b)). This provision
CFR parts 165 as follows: authorizes an agency to issue a rule
[Docket Number USCG–2015–0506] without prior notice and opportunity to
PART 165—REGULATED NAVIGATION comment when the agency for good
AREAS AND LIMITED ACCESS AREAS RIN 1625–AA00 cause finds that those procedures are
■ 1. The authority citation for part 165 ‘‘impracticable, unnecessary, or contrary
Safety Zone; Erie Boom on the Bay
continues to read as follows: to the public interest.’’ Under 5 U.S.C.
Fireworks Display; Presque Isle Bay,
553(b)(B), the Coast Guard finds that
Authority: 33 U.S.C. 1231; 46 U.S.C. Erie, PA
good cause exists for not publishing a
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
AGENCY: Coast Guard, DHS. notice of proposed rulemaking (NPRM)
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department ACTION: Temporary final rule. with respect to this rule because doing
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
of Homeland Security Delegation No. 0170.1. so would be impracticable and contrary
SUMMARY: The Coast Guard is to the public interest. The final details
§ 165.T09–0500 Safety Zone; Bay Village establishing a temporary safety zone on for this event were not known to the
Independence Day Celebration Fireworks Lake Erie, Presque Isle Bay, Erie, PA. Coast Guard until there was insufficient
Display; Lake Erie, Bay Village, OH. This safety zone is intended to restrict time remaining before the event to
(a) Location. This zone will vessels from a portion of Presque Isle publish an NPRM. Thus, delaying the
encompass all waters of Lake Erie; Bay Bay during the Erie Boom on the Bay effective date of this rule to wait for a
Village, OH within a 560-foot radius of fireworks display. This temporary safety comment period to run would be
position 41°29′23.9″ N. and 081°55′44.5″ zone is necessary to protect mariners impracticable and contrary to the public
W. (NAD 83). and vessels from the navigational interest because it would inhibit the
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Document Created: 2015-12-15 13:15:36
Document Modified: 2015-12-15 13:15:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 9:45 p.m. until 10:35 p.m. on July 4, 2015. | |
| Contact | If you have questions on this rule, call LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527. | |
| FR Citation | 80 FR 37978 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways |
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