81 FR 41442 - Safety Zone; Bay Village Independence Day Celebration; Lake Erie, Bay Village, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 123 (June 27, 2016)

Page Range		41442-41443
FR Document		2016-15052

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 on July 4, 2016. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo (COTP).

Federal Register, Volume 81 Issue 123 (Monday, June 27, 2016)

[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Rules and Regulations]
[Pages 41442-41443]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15052]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0550]
RIN 1625-AA00


Safety Zone; Bay Village Independence Day Celebration; Lake Erie, 
Bay Village, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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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 on July 4, 2016. This temporary 
safety zone is necessary to protect mariners and vessels from the 
navigational hazards associated with a fireworks display. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Buffalo (COTP).

DATES: This rule is effective from 9:45 p.m. to 10:45 p.m. on July 4, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0550 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email LT Stephanie Pitts, Chief of Waterways 
Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 
216-937-0128, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency finds good cause that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(3)(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 provided 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 both 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 fireworks 
display.

III. Legal Authority and Need for Rule

    The Coast Guard issues this rule under authority in 33 U.S.C. 1231. 
On July 4, 2016, between 9:45 p.m. and 10:45 p.m., a fireworks display 
will be held on the shoreline of Lake Erie in Bay Village, OH, in the 
vicinity of Cahoon Memorial Park. 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 potential hazards 
associated with this fireworks display poses a significant risk to 
public safety and property within a 560-foot radius of the launch 
point. Such hazards include premature and accidental detonations of 
fireworks, dangerous projectiles, and falling or burning debris.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:45 p.m. to 10:45 p.m. on 
July 4, 2016. The safety 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). The duration of the zone is 
intended to ensure the safety of spectators and vessels during the Bay 
Village Independence Day Celebration fireworks display. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. 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, 
and will not: Interfere with other agencies; adversely alter the budget 
of any grant or loan recipients; or 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. Under certain 
conditions, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.

[[Page 41443]]

    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.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. 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 (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 a safety zone lasting for one (1) hour that will prohibit 
entry within a small area on Lake Erie. 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.

G. 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-0550 to read as follows:


Sec.  165.T09-0550  Safety Zone; Bay Village Independence Day 
Celebration; Lake Erie, Bay Village, OH.

    (a) 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 from 9:45 
p.m. until 10:45 p.m. on July 4, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, 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 20, 2016.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2016-15052 Filed 6-24-16; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations 41443

Under section 213(a) of the Small E. Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Business Regulatory Enforcement 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
The Unfunded Mandates Reform Act
Fairness Act of 1996 (Pub. L. 104–121), Department of Homeland Security Delegation
of 1995 (2 U.S.C. 1531–1538) requires
we want to assist small entities in No. 0170.1.
Federal agencies to assess the effects of
understanding this rule. If the rule their discretionary regulatory actions. In
would affect your small business, ■ 2. Add § 165.T09–0550 to read as
particular, the Act addresses actions follows:
organization, or governmental that may result in the expenditure by a
jurisdiction and you have questions State, local, or tribal government, in the § 165.T09–0550 Safety Zone; Bay Village
concerning its provisions or options for aggregate, or by the private sector of Independence Day Celebration; Lake Erie,
compliance, please contact the person $100,000,000 (adjusted for inflation) or Bay Village, OH.
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
CONTACT section. (a) This zone will encompass all
will not result in such an expenditure,
Small businesses may send comments waters of Lake Erie; Bay Village, OH
we do discuss the effects of this rule
on the actions of Federal employees elsewhere in this preamble. within a 560 foot radius of position
who enforce, or otherwise determine 41°29′23.9″ N. and 081°55′44.5″ W.
compliance with, Federal regulations to F. Environment (NAD 83).
the Small Business and Agriculture We have analyzed this rule under (b) Enforcement period. This
Regulatory Enforcement Ombudsman Department of Homeland Security regulation will be enforced from 9:45
and the Regional Small Business Management Directive 023–01 and p.m. until 10:45 p.m. on July 4, 2016.
Regulatory Fairness Boards. The Commandant Instruction M16475.lD,
which guide the Coast Guard in (c) Regulations. (1) In accordance with
Ombudsman evaluates these actions
complying with the National the general regulations in § 165.23, entry
annually and rates each agency’s
Environmental Policy Act of 1969 (42 into, transiting, or anchoring within this
responsiveness to small business. If you
wish to comment on actions by U.S.C. 4321–4370f), and have safety zone is prohibited unless
employees of the Coast Guard, call 1– determined that this action is one of a authorized by the Captain of the Port
888–REG–FAIR (1–888–734–3247). The category of actions that do not Buffalo or his designated on-scene
Coast Guard will not retaliate against individually or cumulatively have a representative.
small entities that question or complain significant effect on the human (2) This safety zone is closed to all
about this rule or any policy or action environment. This rule involves a safety vessel traffic, except as may be
of the Coast Guard. zone lasting for one (1) hour that will permitted by the Captain of the Port
prohibit entry within a small area on Buffalo or his designated on-scene
C. Collection of Information Lake Erie. It is categorically excluded representative.
This rule will not call for a new from further review under paragraph
34(g) of Figure 2–1 of the Commandant (3) The ‘‘on-scene representative’’ of
collection of information under the
Instruction. An environmental analysis the Captain of the Port Buffalo is any
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520). checklist supporting this determination Coast Guard commissioned, warrant or
and a Categorical Exclusion petty officer who has been designated
D. Federalism and Indian Tribal Determination are available in the by the Captain of the Port Buffalo to act
Governments docket where indicated under on his behalf.
A rule has implications for federalism ADDRESSES. We seek any comments or (4) Vessel operators desiring to enter
under E.O. 13132, Federalism, if it has information that may lead to the or operate within the safety zone must
a substantial direct effect on the States, discovery of a significant environmental contact the Captain of the Port Buffalo
on the relationship between the national impact from this rule. or his on-scene representative to obtain
government and the States, or on the G. Protest Activities permission to do so. The Captain of the
distribution of power and Port Buffalo or his on-scene
responsibilities among the various The Coast Guard respects the First
Amendment rights of protesters. representative may be contacted via
levels of government. We have analyzed VHF Channel 16. Vessel operators given
this rule under that Order and have Protesters are asked to contact the
person listed in the FOR FURTHER permission to enter or operate in the
determined that it is consistent with the safety zone must comply with all
fundamental federalism principles and INFORMATION CONTACT section to
coordinate protest activities so that your directions given to them by the Captain
preemption requirements described in
message can be received without of the Port Buffalo, or his on-scene
E.O. 13132.
jeopardizing the safety or security of representative.
Also, this rule does not have tribal
implications under E.O. 13175, people, places or vessels. Dated: June 20, 2016.
Consultation and Coordination with List of Subjects in 33 CFR Part 165 B.W. Roche,
Indian Tribal Governments, because it Harbors, Marine safety, Navigation Captain, U.S. Coast Guard, Captain of the
does not have a substantial direct effect (water), Reporting and recordkeeping Port Buffalo.
on one or more Indian tribes, on the requirements, Security measures, [FR Doc. 2016–15052 Filed 6–24–16; 8:45 am]
relationship between the Federal Waterways. BILLING CODE 9110–04–P
Government and Indian tribes, or on the
For the reasons discussed in the
distribution of power and
preamble, the Coast Guard amends 33
responsibilities between the Federal
CFR part 165 as follows:
Lhorne on DSK30JT082PROD with RULES

Government and Indian tribes. If you
believe this rule has implications for PART 165—REGULATED NAVIGATION
federalism or Indian tribes, please AREAS AND LIMITED ACCESS AREAS
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section ■ 1. The authority citation for part 165
above. continues to read as follows:

VerDate Sep<11>2014 15:06 Jun 24, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4700 Sfmt 9990 E:\FR\FM\27JNR1.SGM 27JNR1

Document Created: 2016-06-25 02:07:08
Document Modified: 2016-06-25 02:07:08

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. to 10:45 p.m. on July 4, 2016.
Contact		If you have questions about this rulemaking, call or email LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128, email [email protected]
FR Citation		81 FR 41442
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 41442 - Safety Zone; Bay Village Independence Day Celebration; Lake Erie, Bay Village, OH

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 123 (June 27, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard