81_FR_36276 81 FR 36168 - Safety Zone; Milwaukee Harbor, Milwaukee, Wisconsin

81 FR 36168 - Safety Zone; Milwaukee Harbor, Milwaukee, Wisconsin

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range36168-36169
FR Document2016-13339

The Coast Guard will enforce the safety zone in Milwaukee Harbor, Milwaukee, Wisconsin for annual fireworks displays in the Captain of the Port Lake Michigan zone at specified times from June 11, 2016 until September 10, 2016. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after fireworks displays. During the aforementioned periods, the Coast Guard will enforce restrictions upon, and control movement of, vessels in the safety zone. No person or vessel may enter the safety zone while it is being enforced without permission of the Captain of the Port Lake Michigan.

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016)
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36168-36169]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13339]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0375]
RIN 1625-AA00


Safety Zone; Milwaukee Harbor, Milwaukee, Wisconsin

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone in Milwaukee 
Harbor, Milwaukee, Wisconsin for annual fireworks displays in the 
Captain of the Port Lake Michigan zone at specified times from June 11, 
2016 until September 10, 2016. This action is necessary and intended to 
ensure safety of life on the navigable waters immediately prior to, 
during, and immediately after fireworks displays. During the 
aforementioned periods, the Coast Guard will enforce restrictions upon, 
and control movement of, vessels in the safety zone. No person or 
vessel may enter the safety zone while it is being enforced without 
permission of the Captain of the Port Lake Michigan.

DATES: The regulations in 33 CFR 165.935 will be enforced at specified 
times from June 11, 2016 through September 10, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice 
of enforcement, call or email CWO Mark Stevens, Prevention Department, 
Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747-7188, 
email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone 
listed in 33 CFR 165.935, Safety Zone, Milwaukee Harbor, Milwaukee, 
Wisconsin, at the following times for the following events:
    (1) Pridefest fireworks display on June 11, 2016 from 9:15 p.m. 
until 10:15 p.m.;
    (2) Polish Fest fireworks display on June 18, 2016 from 10:15 p.m. 
until 11:15 p.m.;
    (3) Summerfest fireworks display on June 29, 2016 from 9:15 p.m. 
until 10:15 p.m.;
    (4) Festa Italiana fireworks display on each day of July 22, 23, 
and 24, 2016 from 9:45 p.m. until 10:30 p.m.;
    (5) German Fest fireworks display on each day of July 29 and 30, 
2016 from 10:15 p.m. until 11:15 p.m.;
    (6) Irish Fest fireworks display on August 21, 2016 from 9:45 p.m. 
until 10:30 p.m.;
    (7) Indian Summer fireworks display on September 10, 2016 from 9:45 
p.m. until 10:45 p.m.

[[Page 36169]]

    This safety zone will encompass the waters of Lake Michigan within 
Milwaukee Harbor including the Harbor Island Lagoon enclosed by a line 
connecting the following points: Beginning at 43[deg]02'00'' N., 
087[deg]53'53'' W.; then south to 43[deg]01'44'' N., 087[deg]53'53'' 
W.; then east to 43[deg]01'44'' N., 087[deg]53'25'' W.; then north to 
43[deg]02'00'' N., 087[deg]53'25'' W.; then west to the point of origin 
(NAD 83). As specified in 33 CFR 165.935, all vessels must obtain 
permission from the Captain of the Port Lake Michigan or a designated 
representative to enter, move within, or exit the safety zone when it 
is enforced. Vessels and persons granted permission to enter the safety 
zone must obey all lawful orders or directions of the Captain of the 
Port Lake Michigan or a designated representative.
    This notice of enforcement is issued under authority of 33 CFR 
165.935, Safety Zone; Milwaukee Harbor, Milwaukee, Wisconsin, and 5 
U.S.C. 552(a). In addition to this notice of enforcement in the Federal 
Register, the Coast Guard plans to provide the maritime community with 
advance notification for the enforcement of this zone via Broadcast 
Notice to Mariners or Local Notice to Mariners. The Captain of the Port 
Lake Michigan or a representative may be contacted via Channel 16, VHF-
FM.

    Dated: May 23, 2016.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2016-13339 Filed 6-3-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                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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                                                                     Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations                                           36169

                                                   This safety zone will encompass the                  into this zone is prohibited unless                    has determined that potential hazards
                                                waters of Lake Michigan within                          specifically authorized by the Captain of              associated with swim events occurring
                                                Milwaukee Harbor including the Harbor                   the Port New York.                                     in high traffic areas of the Upper New
                                                Island Lagoon enclosed by a line                        DATES: This rule is effective from 7:00                York Harbor on July 16, 2016 will be a
                                                connecting the following points:                        a.m. until 9:30 a.m. on July 16, 2016.                 safety concern for anyone within a 100-
                                                Beginning at 43°02′00″ N., 087°53′53″                   ADDRESSES: To view documents                           yard radius of swimmers. This rule is
                                                W.; then south to 43°01′44″ N.,                         mentioned in this preamble as being                    needed to protect maritime public and
                                                087°53′53″ W.; then east to 43°01′44″ N.,               available in the docket, go to http://                 event participants from the hazards
                                                087°53′25″ W.; then north to 43°02′00″                  www.regulations.gov, type USCG–2016–                   associated with the swim event until the
                                                N., 087°53′25″ W.; then west to the                     0318 in the ‘‘SEARCH’’ box and click                   conclusion of the event.
                                                point of origin (NAD 83). As specified                  ‘‘SEARCH.’’ Click on Open Docket                       IV. Discussion of the Rule
                                                in 33 CFR 165.935, all vessels must                     Folder on the line associated with this
                                                obtain permission from the Captain of                   rule.                                                     This rule establishes a safety zone
                                                the Port Lake Michigan or a designated                  FOR FURTHER INFORMATION CONTACT: If                    from at 7:00 a.m. until 9:30 a.m. on July
                                                representative to enter, move within, or                you have questions on this rule, call or               16, 2016. The safety zone will cover all
                                                exit the safety zone when it is enforced.               email MST1 R.J. Sampert, Waterways                     navigable waters within 100 yards of
                                                Vessels and persons granted permission                  Management Division, U.S. Coast                        participating swimmers for the Lady
                                                to enter the safety zone must obey all                  Guard; telephone 718–354–4197, email                   Liberty Sharkfest Swim. The duration of
                                                lawful orders or directions of the                      ronald.j.sampert@uscg.mil.                             the zone is intended to protect maritime
                                                Captain of the Port Lake Michigan or a                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                               public and event participants from the
                                                designated representative.                                                                                     hazards associated with swim events
                                                   This notice of enforcement is issued                 I. Table of Abbreviations                              taking place in a high vessel traffic area.
                                                under authority of 33 CFR 165.935,                      CFR Code of Federal Regulations                        No vessel or person will be permitted to
                                                Safety Zone; Milwaukee Harbor,                          DHS Department of Homeland Security                    enter the safety zone without obtaining
                                                Milwaukee, Wisconsin, and 5 U.S.C.                      FR Federal Register                                    permission from the COTP or a
                                                552(a). In addition to this notice of                   NPRM Notice of proposed rulemaking                     designated representative.
                                                enforcement in the Federal Register, the                § Section
                                                Coast Guard plans to provide the                        U.S.C. United States Code                              V. Regulatory Analyses
                                                maritime community with advance                         II. Background Information and                           We developed this rule after
                                                notification for the enforcement of this                Regulatory History                                     considering numerous statutes and
                                                zone via Broadcast Notice to Mariners or                                                                       Executive order related to rulemaking.
                                                                                                           The Coast Guard is issuing this
                                                Local Notice to Mariners. The Captain of                                                                       Below we summarize our analyses
                                                                                                        temporary rule without prior notice and
                                                the Port Lake Michigan or a                                                                                    based on a number of these statutes and
                                                                                                        opportunity to comment pursuant to
                                                representative may be contacted via                                                                            Executive orders, and we discuss First
                                                                                                        authority under section 4(a) of the
                                                Channel 16, VHF–FM.                                                                                            Amendment rights of protestors.
                                                                                                        Administrative Procedure Act (APA) (5
                                                  Dated: May 23, 2016.                                  U.S.C. 553(b)). This provision                         A. Regulatory Planning and Review
                                                A.B. Cocanour,                                          authorizes an agency to issue a rule
                                                Captain, U.S. Coast Guard, Captain of the               without prior notice and opportunity to                   Executive Orders 12866 and 13563
                                                Port Lake Michigan.                                     comment when the agency for good                       direct agencies to assess the costs and
                                                [FR Doc. 2016–13339 Filed 6–3–16; 8:45 am]              cause finds that those procedures are                  benefits of available regulatory
                                                                                                        ‘‘impracticable, unnecessary, or contrary              alternatives and, if regulation is
                                                BILLING CODE 9110–04–P
                                                                                                        to the public interest.’’ Under 5 U.S.C.               necessary, to select regulatory
                                                                                                        553(b)(B), the Coast Guard finds that                  approaches that maximize net benefits.
                                                DEPARTMENT OF HOMELAND                                  good cause exists for not publishing a                 Executive Order 13563 emphasizes the
                                                SECURITY                                                NPRM with respect to this rule because                 importance of quantifying both costs
                                                                                                        it would be impractical and contrary to                and benefits, of reducing costs, of
                                                Coast Guard                                             the public interest. The event sponsor                 harmonizing rules, and of promoting
                                                                                                        was late in submitting the marine event                flexibility. This rule has not been
                                                33 CFR Part 165                                         application. This late submission did                  designated a ‘‘significant regulatory
                                                                                                        not give the Coast Guard enough time to                action,’’ under Executive Order 12866.
                                                [Docket Number USCG–2016–0318]
                                                                                                        publish an NPRM and receive                            Accordingly, it has not been reviewed
                                                RIN 1625–AA00
                                                                                                        comments, making that impracticable                    by the Office of Management and
                                                                                                        and contrary to the public interest in                 Budget.
                                                Safety Zone; Upper New York Bay,                                                                                  This regulatory action determination
                                                Liberty Island, NY                                      immediate action to ensure the safety of
                                                                                                        the event participants, patrol vessels,                is based on the size, location, duration,
                                                AGENCY:    Coast Guard, DHS.                            spectator craft and other vessels                      and time-of-year of the safety zone.
                                                ACTION:   Temporary final rule.                         transiting the event area.                             Vessel traffic will be able to safely
                                                                                                           For the same reasons, we are issuing                transit around this safety zone which
                                                SUMMARY:    The Coast Guard is                          this rule, and under 5 U.S.C. 553(d)(3),               will impact a small designated area of
                                                establishing a temporary safety zone for                the Coast Guard finds that good cause                  the Upper New York Harbor in vicinity
                                                navigable waters within a 100-yard                      exists for making it effective less than 30            of Ellis and Liberty Islands for 2.5 hours
mstockstill on DSK3G9T082PROD with RULES




                                                radius of each participating swimmer                    days after publication in the Federal                  and during a time of day when vessel
                                                during the Lady Liberty Sharkfest Swim.                 Register.                                              traffic is normally low. Moreover, the
                                                The safety zone is needed to protect the                                                                       Coast Guard will issue Broadcast Notice
                                                maritime public and event participants                  III. Legal Authority and Need for Rule                 to Mariners via VHF–FM marine
                                                from the hazards associated with swim                      The Coast Guard is issuing this rule                channel 16 about the zone and the rule
                                                events taking place in a high vessel                    under authority in 33 U.S.C. 1231. The                 allows vessels to seek permission to
                                                traffic area. Entry of vessels or persons               Captain of the Port New York (COTP)                    enter the zone.


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Document Created: 2016-06-04 00:16:32
Document Modified: 2016-06-04 00:16:32
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 regulations in 33 CFR 165.935 will be enforced at specified times from June 11, 2016 through September 10, 2016.
ContactIf you have questions on this notice of enforcement, call or email CWO Mark Stevens, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747-7188, email [email protected]
FR Citation81 FR 36168 
RIN Number1625-AA00

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