81 FR 10498 - Safety Zones; Fireworks Events in Captain of the Port New York Zone
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 40 (March 1, 2016)
Coast Guard
Federal Register Volume 81, Issue 40 (March 1, 2016)
| Page Range | 10498-10499 | |
| FR Document | 2016-04472 |
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)] [Rules and Regulations] [Pages 10498-10499] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04472] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2016-0081] Safety Zones; Fireworks Events in Captain of the Port New York Zone AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. ----------------------------------------------------------------------- SUMMARY: The Coast Guard will enforce various safety zones within the Captain of the Port New York Zone on the specified dates and times. This action is necessary to ensure the safety of vessels and spectators from hazards associated with fireworks displays. During the enforcement period, no person or vessel may enter the safety zones without permission of the Captain of the Port (COTP). DATES: The regulation for the safety zones described in 33 CFR 165.160 will be enforced on the dates and times listed in the table in SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or email Petty Officer First Class Ronald Sampert U.S. Coast Guard; telephone 718-354-4154, email [email protected]. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zones listed in 33 CFR 165.160 on the specified dates and times as indicated in Table 1 below. This regulation was published in the Federal Register on November 9, 2011 (76 FR 69614). Table 1 ------------------------------------------------------------------------ ------------------------------------------------------------------------ 1. Relevent Partners, LLC, Pier 54,Launch site: A barge Hudson River Safety Zone, 33 CFR located in approximate 165.160(5.8). position 40[deg]44'31'' N. 074[deg]01'00'' W. (NAD 1983), approximately 380 yards west of Pier 54, Manhattan, New York. This Safety Zone is a 360-yard radius from the barge. Date: February 19, 2016. Time: 8:30 p.m.-10 p.m. 2. Novo Nordisk, Ellis Island Safety Launch site: A barge Zone, 33 CFR 165.160(2.2). located between Federal Anchorages 20-A and 20-B, in approximate position 40[deg]41'45'' N. 074[deg]02'09'' W. (NAD 1983) about 365 yards east of Ellis Island. This Safety Zone is a 360-yard radius from the barge. Date: March 10, 2016. Time: 8:45 p.m.-10 p.m. 3. American Portfolios Holding, Inc., Launch site: A barge Ellis Island Safety Zone, 33 CFR located between Federal 165.160(2.2). Anchorages 20-A and 20-B, in approximate position 40[deg]41'45'' N. 074[deg]02'09'' W. (NAD 1983) about 365 yards east of Ellis Island. This Safety Zone is a 360-yard radius from the barge. Date: May 14, 2016. Time: 9:00 p.m.-10:10 p.m. 4. City of Poughkeepsie, Independence Launch site: A barge Day Celebration, Poughkeepsie, NY, located in approximate Hudson River Safety Zone, 33 CFR position 41[deg]42'24.50'' N. 165.160(5.13). 073[deg]56'44.16 '' W. (NAD 1983), approximately 420 yards north of the Mid Hudson Bridge. This Safety Zone is a 300-yard radius from the barge. Date: July 4, 2016. Time: 8:30 p.m.-10:30 p.m. 5. City of Yonkers July 4th Fireworks, Launch site: A barge Yonkers, NY, Hudson River Safety Zone, located in approximate 33 CFR 165.160(5.5). position 40[deg]56'14.5'' N. 073[deg]54'33'' W. (NAD 1983), approximately 475 yards northwest of the Yonkers Municipal Pier, New York. This Safety Zone is a 360-yard radius from the barge. Date: July 04, 2016. Time: 08:45 p.m.-10:15 p.m. 6. Intrepid Museum Fireworks Display, Launch site: A barge Pier 84 Hudson River Safety Zone, 33 located in approximate CFR 165.160(5.9). position 40[deg]45'56.9'' N. 074[deg]00'25.4'' W. (NAD 1983), approximately 380 yards west of Pier 84, Manhattan, New York. This Safety Zone is a 360-yard radius from the barge. Date: May 7, 2016. Time: 8:20 p.m.-9:30 p.m. ------------------------------------------------------------------------ Under the provisions of 33 CFR 165.160, vessels may not enter the safety zones unless given permission from the COTP or a designated representative. Spectator vessels may transit outside the safety zones but may not anchor, block, loiter in, or impede the transit of other vessels. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. [[Page 10499]] This notice is issued under authority of 33 CFR 165.160(a) and 5 U.S.C. 552 (a). In addition to this notice in the Federal Register, the Coast Guard will provide mariners with advanced notification of enforcement periods via the Local Notice to Mariners and marine information broadcasts. If the COTP determines that a safety zone need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the safety zone. Dated: February 9, 2016. M.H. Day, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2016-04472 Filed 2-29-16; 8:45 am] BILLING CODE 9110-04-P
![10498 Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations
(ii) DOJ reviews USERRA cases to Dated: February 24, 2016. necessary to ensure the safety of vessels
determine if representation is Aaron Siegel, and spectators from hazards associated
appropriate. In cases found to have Alternate OSD Federal Register Liaison with fireworks displays. During the
merit, the Attorney General will Officer, Department of Defense. enforcement period, no person or vessel
commence court action on behalf of the [FR Doc. 2016–04306 Filed 2–29–16; 8:45 am] may enter the safety zones without
Service member, to be prosecuted by BILLING CODE 5001–06–P permission of the Captain of the Port
DOJ attorneys. (COTP).
(4) OSC. (i) OSC is an independent DATES: The regulation for the safety
Federal agency that enforces USERRA DEPARTMENT OF HOMELAND zones described in 33 CFR 165.160 will
SECURITY be enforced on the dates and times
matters involving State and local
government employers and private- Coast Guard listed in the table in SUPPLEMENTARY
sector employers. OSC receives INFORMATION.
USERRA cases referred by DOL–VETS. 33 CFR Part 165 FOR FURTHER INFORMATION CONTACT: If
(ii) OSC reviews USERRA cases to [Docket No. USCG–2016–0081] you have questions on this notice, call
determine if representation is or email Petty Officer First Class Ronald
appropriate. In cases found to have Safety Zones; Fireworks Events in Sampert U.S. Coast Guard; telephone
merit, OSC will initiate an action before Captain of the Port New York Zone 718–354–4154, email ronald.j.sampert@
the Merit Systems Protection Board uscg.mil.
AGENCY: Coast Guard, DHS.
(MSPB), also an independent, Federal SUPPLEMENTARY INFORMATION: The Coast
ACTION: Notice of enforcement of
agency, serving as the guardian of Guard will enforce the safety zones
regulation.
Federal merit systems. If OSC declines listed in 33 CFR 165.160 on the
representation, the claimant may still SUMMARY: The Coast Guard will enforce specified dates and times as indicated in
file an appeal with the MSPB. various safety zones within the Captain Table 1 below. This regulation was
of the Port New York Zone on the published in the Federal Register on
specified dates and times. This action is November 9, 2011 (76 FR 69614).
TABLE 1
1. Relevent Partners, LLC, Pier 54, Hudson River Safety Zone, 33 CFR • Launch site: A barge located in approximate position 40°44′31″ N.
165.160(5.8). 074°01′00″ W. (NAD 1983), approximately 380 yards west of Pier
54, Manhattan, New York. This Safety Zone is a 360-yard radius
from the barge.
• Date: February 19, 2016.
• Time: 8:30 p.m.–10 p.m.
2. Novo Nordisk, Ellis Island Safety Zone, 33 CFR 165.160(2.2) ........... • Launch site: A barge located between Federal Anchorages 20–A
and 20–B, in approximate position 40°41′45″ N. 074°02′09″ W. (NAD
1983) about 365 yards east of Ellis Island. This Safety Zone is a
360-yard radius from the barge.
• Date: March 10, 2016.
• Time: 8:45 p.m.–10 p.m.
3. American Portfolios Holding, Inc., Ellis Island Safety Zone, 33 CFR • Launch site: A barge located between Federal Anchorages 20–A
165.160(2.2). and 20–B, in approximate position 40°41′45″ N. 074°02′09″ W. (NAD
1983) about 365 yards east of Ellis Island. This Safety Zone is a
360-yard radius from the barge.
• Date: May 14, 2016.
• Time: 9:00 p.m.–10:10 p.m.
4. City of Poughkeepsie, Independence Day Celebration, Pough- • Launch site: A barge located in approximate position 41°42′24.50″
keepsie, NY, Hudson River Safety Zone, 33 CFR 165.160(5.13). N. 073°56′44.16 ″ W. (NAD 1983), approximately 420 yards north of
the Mid Hudson Bridge. This Safety Zone is a 300-yard radius from
the barge.
• Date: July 4, 2016.
• Time: 8:30 p.m.–10:30 p.m.
5. City of Yonkers July 4th Fireworks, Yonkers, NY, Hudson River • Launch site: A barge located in approximate position 40°56′14.5″ N.
Safety Zone, 33 CFR 165.160(5.5). 073°54′33″ W. (NAD 1983), approximately 475 yards northwest of
the Yonkers Municipal Pier, New York. This Safety Zone is a 360-
yard radius from the barge.
• Date: July 04, 2016.
• Time: 08:45 p.m.–10:15 p.m.
6. Intrepid Museum Fireworks Display, Pier 84 Hudson River Safety • Launch site: A barge located in approximate position 40°45′56.9″ N.
Zone, 33 CFR 165.160(5.9). 074°00′25.4″ W. (NAD 1983), approximately 380 yards west of Pier
84, Manhattan, New York. This Safety Zone is a 360-yard radius
from the barge.
• Date: May 7, 2016.
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Time: 8:20 p.m.–9:30 p.m.
Under the provisions of 33 CFR Spectator vessels may transit outside the assisted by other Federal, State, or local
165.160, vessels may not enter the safety safety zones but may not anchor, block, law enforcement agencies in enforcing
zones unless given permission from the loiter in, or impede the transit of other this regulation.
COTP or a designated representative. vessels. The Coast Guard may be
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![Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Rules and Regulations 10499
This notice is issued under authority COTP Captain of the Port hundred (500) yard security zone that
of 33 CFR 165.160(a) and 5 U.S.C. 552 DHS Department of Homeland Security allowed vessels to enter the security
(a). In addition to this notice in the FR Federal Register zone, without permission, as long as
NPRM Notice of Proposed Rulemaking
Federal Register, the Coast Guard will § Section
such vessels proceeded through the area
provide mariners with advanced TFR Temporary Final Rule with caution and operated at a speed no
notification of enforcement periods via U.S.C. United States Code faster than that speed necessary to
the Local Notice to Mariners and marine USCG United States Coast Guard maintain a safe course, unless otherwise
information broadcasts. If the COTP required by the Navigation Rules, as
determines that a safety zone need not II. Background Information and
published in 33 CFR part 83 and remain
be enforced for the full duration stated Regulatory History
beyond two hundred and fifty (250)
in this notice, a Broadcast Notice to On Thursday November 20, 2014, the yards of the Moakley Courthouse.
Mariners may be used to grant general Coast Guard published a NPRM in the Further, vessels could enter within two
permission to enter the safety zone. Federal Register (79 FR 69078). There hundred and fifty (250) yards with
Dated: February 9, 2016. we stated why we issued the NPRM, permission of the COTP or the COTP’s
M.H. Day,
and invited comments on our proposed representative. The comments we
regulatory action related to this security received were primarily from owners,
Captain, U.S. Coast Guard, Captain of the
Port New York.
zone. No Public meetings were operators, and employees of commercial
requested or held. Thirty formal written passenger vessels, including the daily
[FR Doc. 2016–04472 Filed 2–29–16; 8:45 am]
comments were received. commuter ferry vessels that transfer
BILLING CODE 9110–04–P
III. Legal Authority and Need for Rule passengers at the Rowes Wharf Ferry
Terminal. Other comments received
The Coast Guard is issuing this rule were from the property management
DEPARTMENT OF HOMELAND under authority in 33 U.S.C. 1231; 50
SECURITY company of Rowes Wharf and a non-
U.S.C. 191; 33 CFR 1.05–1, 6.04–1, profit, public interest organization that
Coast Guard 6.04–6, 160.5; Department of Homeland promotes a clean, alive, and accessible
Security Delegation No. 0170.1 which Boston Harbor.
33 CFR Part 165 collectively authorizes the Coast Guard
While none of the comments
to establish security zones.
[USCG–2014–0246] The John Joseph Moakley United expressed concern with the proposed
States Courthouse houses the United speed restrictions, there were significant
RIN 1625–AA87 concerns with the two hundred and fifty
States Court of Appeals for the First
Circuit, the United States District Court (250) yard security zone, in that vessels
Security Zone, John Joseph Moakley
for the District of Massachusetts, and could not enter without permission of
United States Courthouse; Boston, MA
the United States Attorney’s Office for the COTP. This area entails the entrance
AGENCY: Coast Guard, DHS. the District of Massachusetts. into Fort Point Channel and Rowes
ACTION: Final rule. Consequently, high profile events and Wharf. Rowes Wharf is the number one
court proceedings take place at the passenger transfer marine ferry terminal
SUMMARY: The Coast Guard is in Boston Harbor. In each of the
establishing a permanent security zone Moakley Courthouse, resulting in a
heightened security posture. With this comments, the consensus was that a two
within Sector Boston’s Captain of the hundred and fifty (250) yard enforced
Port (COTP) Zone on the waters in the in mind, the Captain of the Port, Sector
Boston, has determined that a security security zone could potentially disrupt
vicinity of John Joseph Moakley United the water transportation system of
States Courthouse, Boston, MA. This zone is necessary to better protect and
secure persons and property during high Boston Harbor, which would have
security zone will expedite public serious economic impacts upon
notification of high profile court profile court proceedings and events.
Establishing a security zone on an ad commercial operators.
proceedings at the Moakley Courthouse In January 15, 2015, without adequate
hoc basis is administratively
and is necessary to protect people, time to address the comments regarding
cumbersome and reduces the
property, and the Port of Boston from the impact of the two hundred and fifty
opportunity for public participation in
subversive acts. (250) yard security zone, the Coast
the development of the rule. Thus, to
DATES: This rule is effective March 31, Guard published a temporary final rule
lessen administrative overhead and to
2016. maximize public participation, this rule (TFR), entitled ‘‘Security Zone, John
ADDRESSES: To view documents establishes a security zone near the Joseph Moakley United States
mentioned in this preamble as being courthouse that will remain in effect Courthouse; Boston, MA’’ (see 80 FR
available in the docket, go to http:// permanently but will be enforced only 2013) in preparation for the trial of the
www.regulations.gov, type USCG–2014– when deemed necessary by the COTP. Boston Marathon bomber, Dzhokhar
0246 in the ‘‘SEARCH’’ box and click The COTP will notify the public of the Tsarnaev, which reduced the restricted
‘‘SEARCH’’. Click on Open Docket enforcement of this security zone by area to one hundred (100) yards.
Folder on the line associated with this publishing a Notice of Enforcement Publishing a new NPRM to reflect this
rule. (NOE) in the Federal Register and via change and delaying the effective date
FOR FURTHER INFORMATION CONTACT: If the other means listed in 33 CFR 165.7. would have been impracticable and
you have questions on this rule, call or This permanent security zone will be contrary to the public interest since it
asabaliauskas on DSK5VPTVN1PROD with RULES
email Mr. Mark Cutter, Coast Guard published in 33 CFR 165.120. would have inhibited the Coast Guard’s
Sector Boston Waterways Management ability to fulfill its statutory missions to
Division, telephone (617)223–4000, IV. Discussion of Comments, Changes, protect people, property, and the Port of
email Mark.E.Cutter@uscg.mil. and the Rule Boston from subversive acts during this
SUPPLEMENTARY INFORMATION: We received ten comments on the high profile court proceeding.
NPRM to establish a permanent security Accordingly, under 5 U.S.C. 553(d)(3),
I. Table of Abbreviations zone within Sector Boston’s COTP the Coast Guard found that good cause
CFR Code of Federal Regulations Zone. The NPRM proposed a five existed for publishing a TFR with an
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Document Created: 2018-02-02 15:00:19
Document Modified: 2018-02-02 15:00:19
| 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 | Notice of enforcement of regulation. | |
| Dates | The regulation for the safety zones described in 33 CFR 165.160 will be enforced on the dates and times listed in the table in SUPPLEMENTARY INFORMATION. | |
| Contact | If you have questions on this notice, call or email Petty Officer First Class Ronald Sampert U.S. Coast Guard; telephone 718-354-4154, email [email protected] | |
| FR Citation | 81 FR 10498 |
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