81_FR_36275 81 FR 36167 - Safety Zones; Multiple Fireworks in Captain of the Port New York Zone

81 FR 36167 - Safety Zones; Multiple Fireworks in Captain of the Port New York Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 108 (June 6, 2016)

Page Range36167-36168
FR Document2016-13340

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).

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016)
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36167-36168]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13340]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0298]


Safety Zones; Multiple Fireworks 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 below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice 
of

[[Page 36168]]

enforcement, call or email Petty Officer First Class Ronald Sampert 
U.S. Coast Guard; telephone 718-354-4197, 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. IPO Celebration, Liberty Island        Launch site: A barge
 Safety Zone, 33 CFR 165.160(2.1).        located in approximate
                                          position 40[deg]41'16.5'' N.
                                          074[deg]02'23'' W. (NAD 1983)
                                          located in Federal Anchorage
                                          20-C, about 360 yards east of
                                          Liberty Island. This Safety
                                          Zone is a 360-yard radius from
                                          the barge.
                                          Date: April 27, 2016.
                                          Time: 9:00 p.m.-10:30
                                          p.m.
2. 71st Anniversary WW2 Fireworks         Launch site: A barge
 Display, Pier 84 Hudson River Safety     located in approximate
 Zone, 33 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 8, 2016.
                                          Time: 8:00 p.m.-9:30
                                          p.m.
3. Shackman Associates, Liberty Island    Launch site: A barge
 Safety Zone, 33 CFR 165.160(2.1).        located in approximate
                                          position 40[deg]41'16.5'' N.
                                          074[deg]02'23'' W. (NAD 1983)
                                          located in Federal Anchorage
                                          20-C, about 360 yards east of
                                          Liberty Island. This Safety
                                          Zone is a 360-yard radius from
                                          the barge.
                                          Date: May 25, 2016.
                                          Time: 8:55 p.m.--10:05
                                          p.m.
4. The Bronx Tourism Council, Orchard     Launch site: All
 Beach Safety Zone, 33 CFR 165.160(3.9).  waters of Long Island Sound in
                                          an area bound by the following
                                          points: 40[deg]51'43.5'' N.
                                          073[deg]47'36.3'' W. thence to
                                          40[deg]52'12.2'' N.
                                          073[deg]47'13.6'' W. thence to
                                          40[deg]52'02.5'' N.
                                          073[deg]46'47.8'' W. thence to
                                          40[deg]51'32.3'' N.
                                          073[deg]47'09.9'' W. (NAD
                                          1983), thence to the point of
                                          origin.
                                          Date: June 30, 2016.
                                          Time: 8:50 p.m.--10:20
                                          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.
    This notice of enforcement is issued under authority of 33 CFR 
165.160(a) and 5 U.S.C. 552(a). In addition to this notice of 
enforcement 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: April 20, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-13340 Filed 6-3-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations                                                36167

                                                entities during rulemaking. The term                    13175, Consultation and Coordination                   PART 117—DRAWBRIDGE
                                                ‘‘small entities’’ comprises small                      with Indian Tribal Governments,                        OPERATION REGULATIONS
                                                businesses, not-for-profit organizations                because it does not have a substantial
                                                that are independently owned and                        direct effect on one or more Indian                    ■ 1. The authority citation for part 117
                                                operated and are not dominant in their                  tribes, on the relationship between the                continues to read as follows:
                                                fields, and governmental jurisdictions                  Federal Government and Indian tribes,                    Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                with populations of less than 50,000.                   or on the distribution of power and                    Department of Homeland Security Delegation
                                                The Coast Guard certifies under 5 U.S.C.                responsibilities between the Federal                   No. 0170.1.
                                                605(b) that this rule will not have a                   Government and Indian tribes.                          ■   2. Revise § 117.525 to read as follows:
                                                significant economic impact on a
                                                substantial number of small entities.                   E. Unfunded Mandates Reform Act                        § 117.525   Kennebec River.
                                                   For the reasons stated in section V.A                  The Unfunded Mandates Reform Act                        The draw of the Carlton Bridge, mile
                                                above this final rule would not have a                  of 1995 (2 U.S.C. 1531–1538) requires                  14.0, between Bath and Woolwich shall
                                                significant economic impact on any                      Federal agencies to assess the effects of              operate as follows:
                                                vessel owner or operator.                               their discretionary regulatory actions. In                (a) From May 15 through September
                                                   Under section 213(a) of the Small                    particular, the Act addresses actions                  30 the draw shall open on signal; except
                                                Business Regulatory Enforcement                         that may result in the expenditure by a                that, from 5 p.m. to 8 a.m., the draw
                                                Fairness Act of 1996 (Pub. L. 104–121),                 State, local, or tribal government, in the             shall open on signal if a two-hour notice
                                                we want to assist small entities in                     aggregate, or by the private sector of                 is given by calling the number posted at
                                                understanding this rule. If the rule                    $100,000,000 (adjusted for inflation) or               the bridge.
                                                would affect your small business,                       more in any one year. Though this rule                    (b) From October 1 through May14 the
                                                organization, or governmental                           will not result in such expenditure, we                draw shall open on signal; except that,
                                                jurisdiction and you have questions                     do discuss the effects of this rule                    from 5 p.m. to 8 a.m., the draw shall
                                                concerning its provisions or options for                elsewhere in this preamble.                            open on signal after a twenty-four hours
                                                compliance, please contact the person                                                                          notice is given from 8 a.m. to 5 p.m., on
                                                listed in the FOR FURTHER INFORMATION                   F. Environment                                         Saturday and Sunday, after an eight-
                                                CONTACT, above.                                                                                                hour notice is given by calling the
                                                   Small businesses may send comments                      We have analyzed this rule under
                                                                                                        Department of Homeland Security                        number posted at the bridge.
                                                on the actions of Federal employees
                                                who enforce, or otherwise determine                     Management Directive 023–01 and                          Dated: May 20, 2016.
                                                compliance with, Federal regulations to                 Commandant Instruction M16475.lD,                      L.L. Fagan,
                                                the Small Business and Agriculture                      which guides the Coast Guard in                        Rear Admiral, U.S. Coast Guard, Commander,
                                                Regulatory Enforcement Ombudsman                        complying with the National                            First Coast Guard District.
                                                and the Regional Small Business                         Environmental Policy Act of 1969                       [FR Doc. 2016–13346 Filed 6–3–16; 8:45 am]
                                                Regulatory Fairness Boards. The                         (NEPA)(42 U.S.C. 4321–4370f), and                      BILLING CODE 9110–04–P
                                                Ombudsman evaluates these actions                       have made a determination that this
                                                annually and rates each agency’s                        action is one of a category of actions
                                                responsiveness to small business. If you                which do not individually or                           DEPARTMENT OF HOMELAND
                                                wish to comment on actions by                           cumulatively have a significant effect on              SECURITY
                                                employees of the Coast Guard, call 1–                   the human environment. This rule
                                                                                                        simply promulgates the operating                       Coast Guard
                                                888–REG–FAIR (1–888–734–3247). The
                                                Coast Guard will not retaliate against                  regulations or procedures for
                                                                                                        drawbridges. This action is categorically              33 CFR Part 165
                                                small entities that question or complain
                                                about this rule or any policy or action                 excluded from further review, under                    [Docket No. USCG–2016–0298]
                                                of the Coast Guard.                                     figure 2–1, paragraph (32)(e), of the
                                                                                                        Instruction.                                           Safety Zones; Multiple Fireworks in
                                                C. Collection of Information                               Under figure 2–1, paragraph (32)(e), of             Captain of the Port New York Zone
                                                  This rule calls for no new collection                 the Instruction, an environmental                      AGENCY:  Coast Guard, DHS.
                                                of information under the Paperwork                      analysis checklist and a categorical
                                                Reduction Act of 1995 (44 U.S.C. 3501–                                                                         ACTION: Notice of enforcement of
                                                                                                        exclusion determination are not
                                                3520).                                                                                                         regulation.
                                                                                                        required for this rule.
                                                D. Federalism and Indian Tribal                         G. Protest Activities                                  SUMMARY:    The Coast Guard will enforce
                                                Government                                                                                                     various safety zones within the Captain
                                                                                                          The Coast Guard respects the First                   of the Port New York Zone on the
                                                   A rule has implications for federalism               Amendment rights of protesters.                        specified dates and times. This action is
                                                under Executive Order 13132,                            Protesters are asked to contact the                    necessary to ensure the safety of vessels
                                                Federalism, if it has a substantial direct              person listed in the FOR FURTHER                       and spectators from hazards associated
                                                effect on the States, on the relationship               INFORMATION CONTACT section to                         with fireworks displays. During the
                                                between the national government and                     coordinate protest activities so that your             enforcement period, no person or vessel
                                                the States, or on the distribution of                   message can be received without                        may enter the safety zones without
                                                power and responsibilities among the                    jeopardizing the safety or security of                 permission of the Captain of the Port
                                                various levels of government. We have                   people, places or vessels.                             (COTP).
mstockstill on DSK3G9T082PROD with RULES




                                                analyzed this rule under that Order and
                                                have determined that it is consistent                   List of Subjects in 33 CFR Part 117                    DATES: The regulation for the safety
                                                with the fundamental federalism                                                                                zones described in 33 CFR 165.160 will
                                                                                                          Bridges.                                             be enforced on the dates and times
                                                principles and preemption requirements
                                                described in Executive Order 13132.                       For the reasons discussed in the                     listed in the table below.
                                                   Also, this rule does not have tribal                 preamble, the Coast Guard amends 33                    FOR FURTHER INFORMATION CONTACT: If
                                                implications under Executive Order                      CFR part 117 as follows:                               you have questions on this notice of


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                                                36168                Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations

                                                enforcement, call or email Petty Officer                SUPPLEMENTARY INFORMATION:    The Coast                Table 1 below. This regulation was
                                                First Class Ronald Sampert U.S. Coast                   Guard will enforce the safety zones                    published in the Federal Register on
                                                Guard; telephone 718–354–4197, email                    listed in 33 CFR 165.160 on the                        November 9, 2011 (76 FR 69614).
                                                ronald.j.sampert@uscg.mil.                              specified dates and times as indicated in

                                                                                                                             TABLE 1
                                                1. IPO Celebration, Liberty Island Safety Zone, 33 CFR 165.160(2.1) ...              • Launch site: A barge located in approximate position 40°41′16.5″ N.
                                                                                                                                       074°02′23″ W. (NAD 1983) located in Federal Anchorage 20–C,
                                                                                                                                       about 360 yards east of Liberty Island. This Safety Zone is a 360-
                                                                                                                                       yard radius from the barge.
                                                                                                                                     • Date: April 27, 2016.
                                                                                                                                     • Time: 9:00 p.m.–10:30 p.m.
                                                2. 71st Anniversary WW2 Fireworks Display, Pier 84 Hudson River                      • Launch site: A barge located in approximate position 40°45′56.9″ N.
                                                  Safety 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 8, 2016.
                                                                                                                                     • Time: 8:00 p.m.–9:30 p.m.
                                                3. Shackman Associates, Liberty Island Safety Zone, 33 CFR                           • Launch site: A barge located in approximate position 40°41′16.5″ N.
                                                  165.160(2.1).                                                                        074°02′23″ W. (NAD 1983) located in Federal Anchorage 20–C,
                                                                                                                                       about 360 yards east of Liberty Island. This Safety Zone is a 360-
                                                                                                                                       yard radius from the barge.
                                                                                                                                     • Date: May 25, 2016.
                                                                                                                                     • Time: 8:55 p.m.—10:05 p.m.
                                                4. The Bronx Tourism Council, Orchard Beach Safety Zone, 33 CFR                      • Launch site: All waters of Long Island Sound in an area bound by
                                                  165.160(3.9).                                                                        the following points: 40°51′43.5″ N. 073°47′36.3″ W. thence to
                                                                                                                                       40°52′12.2″ N. 073°47′13.6″ W. thence to 40°52′02.5″ N.
                                                                                                                                       073°46′47.8″ W. thence to 40°51′32.3″ N. 073°47′09.9″ W. (NAD
                                                                                                                                       1983), thence to the point of origin.
                                                                                                                                     • Date: June 30, 2016.
                                                                                                                                     • Time: 8:50 p.m.—10:20 p.m.



                                                  Under the provisions of 33 CFR                        DEPARTMENT OF HOMELAND                                 times from June 11, 2016 through
                                                165.160, vessels may not enter the safety               SECURITY                                               September 10, 2016.
                                                zones unless given permission from the                                                                         FOR FURTHER INFORMATION CONTACT:       If
                                                COTP or a designated representative.                    Coast Guard                                            you have questions on this notice of
                                                Spectator vessels may transit outside the                                                                      enforcement, call or email CWO Mark
                                                safety zones but may not anchor, block,                 33 CFR Part 165                                        Stevens, Prevention Department, Coast
                                                loiter in, or impede the transit of other               [Docket No. USCG–2012–0375]                            Guard Sector Lake Michigan,
                                                vessels. The Coast Guard may be                                                                                Milwaukee, WI at (414) 747–7188, email
                                                assisted by other Federal, State, or local              RIN 1625–AA00                                          mark.l.stevens@uscg.mil.
                                                law enforcement agencies in enforcing                   Safety Zone; Milwaukee Harbor,                         SUPPLEMENTARY INFORMATION: The Coast
                                                this regulation.                                        Milwaukee, Wisconsin                                   Guard will enforce the safety zone listed
                                                  This notice of enforcement is issued                                                                         in 33 CFR 165.935, Safety Zone,
                                                under authority of 33 CFR 165.160(a)                    AGENCY:  Coast Guard, DHS.                             Milwaukee Harbor, Milwaukee,
                                                and 5 U.S.C. 552(a). In addition to this                ACTION: Notice of enforcement of                       Wisconsin, at the following times for the
                                                notice of enforcement in the Federal                    regulation.                                            following events:
                                                Register, the Coast Guard will provide                                                                           (1) Pridefest fireworks display on June
                                                                                                        SUMMARY:    The Coast Guard will enforce               11, 2016 from 9:15 p.m. until 10:15
                                                mariners with advanced notification of                  the safety zone in Milwaukee Harbor,                   p.m.;
                                                enforcement periods via the Local                       Milwaukee, Wisconsin for annual                          (2) Polish Fest fireworks display on
                                                Notice to Mariners and marine                           fireworks displays in the Captain of the               June 18, 2016 from 10:15 p.m. until
                                                information broadcasts. If the COTP                     Port Lake Michigan zone at specified                   11:15 p.m.;
                                                determines that a safety zone need not                  times from June 11, 2016 until                           (3) Summerfest fireworks display on
                                                be enforced for the full duration stated                September 10, 2016. This action is                     June 29, 2016 from 9:15 p.m. until 10:15
                                                in this notice, a Broadcast Notice to                   necessary and intended to ensure safety                p.m.;
                                                Mariners may be used to grant general                   of life on the navigable waters                          (4) Festa Italiana fireworks display on
                                                permission to enter the safety zone.                    immediately prior to, during, and                      each day of July 22, 23, and 24, 2016
                                                  Dated: April 20, 2016.                                immediately after fireworks displays.                  from 9:45 p.m. until 10:30 p.m.;
                                                                                                        During the aforementioned periods, the                    (5) German Fest fireworks display on
                                                M.H. Day,
                                                                                                        Coast Guard will enforce restrictions                  each day of July 29 and 30, 2016 from
                                                Captain, U.S. Coast Guard, Captain of the
mstockstill on DSK3G9T082PROD with RULES




                                                                                                        upon, and control movement of, vessels                 10:15 p.m. until 11:15 p.m.;
                                                Port New York.                                          in the safety zone. No person or vessel                   (6) Irish Fest fireworks display on
                                                [FR Doc. 2016–13340 Filed 6–3–16; 8:45 am]              may enter the safety zone while it is                  August 21, 2016 from 9:45 p.m. until
                                                BILLING CODE 9110–04–P                                  being enforced without permission of                   10:30 p.m.;
                                                                                                        the Captain of the Port Lake Michigan.                    (7) Indian Summer fireworks display
                                                                                                        DATES: The regulations in 33 CFR                       on September 10, 2016 from 9:45 p.m.
                                                                                                        165.935 will be enforced at specified                  until 10:45 p.m.


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Document Created: 2016-06-04 00:17:07
Document Modified: 2016-06-04 00:17:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of enforcement of regulation.
DatesThe regulation for the safety zones described in 33 CFR 165.160 will be enforced on the dates and times listed in the table below.
ContactIf you have questions on this notice of enforcement, call or email Petty Officer First Class Ronald Sampert U.S. Coast Guard; telephone 718-354-4197, email [email protected]
FR Citation81 FR 36167 

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