81_FR_41934 81 FR 41810 - Special Local Regulations and Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District

81 FR 41810 - Special Local Regulations and Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 124 (June 28, 2016)

Page Range41810-41811
FR Document2016-15330

The Coast Guard will enforce a safety zone for the fireworks display taking place on the Chesapeake Bay near Chesapeake Beach, MD on July 1, 2016. This is a change from the annually scheduled event on July 3, 2016, as indicated in 33 CFR 165.506. This action is necessary to ensure safety of life on navigable waters during this event. Our regulation for Recurring Marine Events within the Fifth Coast Guard District identifies the regulated area for this fireworks display event. During the enforcement period, no person or vessel may enter, transit through, anchor in, or remain within the regulated area without approval from the Captain of the Port or a designated representative.

Federal Register, Volume 81 Issue 124 (Tuesday, June 28, 2016) 
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41810-41811]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15330]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0854]


Special Local Regulations and Safety Zones; Recurring Marine 
Events and Fireworks Displays Within the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the fireworks 
display taking place on the Chesapeake Bay near Chesapeake Beach, MD on 
July 1, 2016. This is a change from the annually scheduled event on 
July 3, 2016, as indicated in 33 CFR 165.506. This

[[Page 41811]]

action is necessary to ensure safety of life on navigable waters during 
this event. Our regulation for Recurring Marine Events within the Fifth 
Coast Guard District identifies the regulated area for this fireworks 
display event. During the enforcement period, no person or vessel may 
enter, transit through, anchor in, or remain within the regulated area 
without approval from the Captain of the Port or a designated 
representative.

DATES: The regulations in 33 CFR 165.506, listed as event (b)10, 
Chesapeake Bay, Chesapeake Beach, MD; Safety Zone, in the Table to 33 
CFR 165.506 will be enforced from 8:30 p.m. to 10:30 p.m. on July 1, 
2016; and in the case of inclement weather enforcement will be from 
8:30 p.m. to 10:30 p.m. on July 3, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email Mr. Ron Houck, U.S. Coast Guard 
Sector Maryland-National Capital Region (WWM Division); telephone 410-
576-2674, email [email protected].

SUPPLEMENTARY INFORMATION: On June 4, 2016, the Coast Guard was 
notified by the event sponsor that the date of this annual fireworks 
display was rescheduled to accommodate the weekend dates of the 
Independence Day Holiday for 2016. The time of the annual fireworks 
display remains unchanged. The Coast Guard will enforce the safety zone 
in 33 CFR 165.506 from 8:30 p.m. until 10:30 p.m. on July 1, 2016, for 
the Town of Chesapeake Beach, MD fireworks display. This action is 
being taken to provide for the safety of life on navigable waterways 
during this event. Our regulation for Recurring Marine Events within 
the Fifth Coast Guard District, Sec.  165.506, specifies the location 
of the regulated area for this safety zone as two circular shaped areas 
that include all waters of the Chesapeake Bay, within a 150 yard radius 
of the fireworks barge at latitude 38[deg]41'36'' N., longitude 
076[deg]31'30'' W. and a 150 yard radius of the fireworks barge at 
latitude 38[deg]41'28'' N., longitude 076[deg]31'29'' W., located near 
Chesapeake Beach, Maryland. As specified in Sec.  165.506(d), during 
the enforcement period, no vessel may not enter, remain in, or transit 
through the safety zone without approval from the Captain of the Port 
(COTP) or a COTP designated representative. The Coast Guard may be 
assisted by other Federal, state or local law enforcement agencies in 
enforcing this regulation. If the COTP or his designated on-scene 
Patrol Commander determines the regulated area 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 regulated area.
    This notice of enforcement is issued under authority of 33 CFR 
165.506 (d) and 5 U.S.C. 552 (a). In addition to this notice of 
enforcement in the Federal Register, the Coast Guard will provide 
notification of this enforcement period via the Local Notice to 
Mariners and marine information broadcasts.

    Dated: June 15, 2016.
Michael W. Batchelder,
Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-
National Capital Region.
[FR Doc. 2016-15330 Filed 6-27-16; 8:45 am]
 BILLING CODE 9110-04-P

41810 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations L. 104–121), we want to assist small their discretionary regulatory actions. In yard radius from the end of White Street entities in understanding this rule. If the particular, the Act addresses actions Pier. rule would affect your small business, that may result in the expenditure by a (b) Definition. The term ‘‘designated organization, or governmental State, local, or tribal government, in the representative’’ means Coast Guard jurisdiction and you have questions aggregate, or by the private sector of Patrol Commanders, including Coast concerning its provisions or options for $100,000,000 (adjusted for inflation) or Guard coxswains, petty officers, and compliance, please contact the person more in any one year. Though this rule other officers operating Coast Guard listed in the FOR FURTHER INFORMATION will not result in such expenditure, we vessels, and Federal, state, and local CONTACT section above. do discuss the effects of this rule officers designated by or assisting the Small businesses may send comments elsewhere in this preamble. Captain of the Port Key West in the on the actions of Federal employees enforcement of the regulated area. who enforce, or otherwise determine F. Environment (c) Regulations. (1) Non-participant compliance with, Federal regulations to We have analyzed this rule under persons and vessels are prohibited from the Small Business and Agriculture Department of Homeland Security entering the race area. Non-participant Regulatory Enforcement Ombudsman Management Directive 023–01 and persons and vessels may request and the Regional Small Business Commandant Instruction M16475.lD, authorization to enter, transit through, Regulatory Fairness Boards. The which guide the Coast Guard in anchor in, or remain within the Ombudsman evaluates these actions complying with the National regulated area by contacting the Captain annually and rates each agency’s Environmental Policy Act of 1969 (42 of the Port Key West by telephone at responsiveness to small business. If you U.S.C. 4321–4370f), and have (305) 433–0954 or (305) 292–8727 or a wish to comment on actions by determined that this action is one of a designated representative via VHF radio employees of the Coast Guard, call 1– category of actions that do not on channel 16. If authorization is 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a granted by the Captain of the Port Key Coast Guard will not retaliate against significant effect on the human West or a designated representative, all small entities that question or complain environment. This rule involves the persons and vessels receiving such about this rule or any policy or action creation of a safety zone that will be authorization must comply with the of the Coast Guard. enforced from 6 p.m. until 10:30 p.m. on instructions of the Captain of the Port July 4, 2016. It is categorically excluded Key West or a designated representative. C. Collection of Information from further review under paragraph (2) The Coast Guard will provide This rule will not call for a new 34(g) of Figure 2–1 of the Commandant notice of the safety zone by Marine collection of information under the Instruction. We seek any comments or Safety Information Bulletin, Broadcast Paperwork Reduction Act of 1995 (44 information that may lead to the Notice to Mariners and on-scene U.S.C. 3501–3520). discovery of a significant environmental designated representatives. impact from this rule. (d) Enforcement period. This rule will D. Federalism and Indian Tribal be effective on July 4, 2016, and will be Governments G. Protest Activities enforced from 6 p.m. until 10:30 p.m. A rule has implications for federalism The Coast Guard respects the First July 4, 2016. under Executive Order 13132, Amendment rights of protesters. Dated: June 22, 2016. Federalism, if it has a substantial direct Protesters are asked to contact the J.A. Janszen, effect on the States, on the relationship person listed in the FOR FURTHER Captain, U.S. Coast Guard, Captain of the between the national government and INFORMATION CONTACT section to Port Key West. the States, or on the distribution of coordinate protest activities so that your [FR Doc. 2016–15224 Filed 6–27–16; 8:45 am] power and responsibilities among the message can be received without BILLING CODE 9110–04–P various levels of government. We have jeopardizing the safety or security of analyzed this rule under that Order and people, places or vessels. have determined that it is consistent List of Subjects in 33 CFR Part 165 DEPARTMENT OF HOMELAND with the fundamental federalism Harbors, Marine safety, Navigation SECURITY principles and preemption requirements described in Executive Order 13132. (water), Reporting and recordkeeping Coast Guard Also, this rule does not have tribal requirements, Security measures, implications under Executive Order Waterways. 33 CFR Part 165 13175, Consultation and Coordination For the reasons discussed in the with Indian Tribal Governments, preamble, the Coast Guard amends 33 [Docket No. USCG–2015–0854] because it does not have a substantial CFR part 165 as follows: Special Local Regulations and Safety direct effect on one or more Indian PART 165—REGULATED NAVIGATION Zones; Recurring Marine Events and tribes, on the relationship between the AREAS AND LIMITED ACCESS Fireworks Displays Within the Fifth Federal Government and Indian tribes, AREAS. Coast Guard District or on the distribution of power and responsibilities between the Federal AGENCY: Coast Guard, DHS. Government and Indian tribes. If you ■ 1. The authority citation for part 100 continues to read as follows: ACTION: Notice of enforcement of believe this rule has implications for regulation. asabaliauskas on DSK3SPTVN1PROD with RULES federalism or Indian tribes, please Authority: 33 U.S.C. 1233. contact the person listed in the FOR ■ 2. Add a temporary § 165.T07–0529 to SUMMARY: The Coast Guard will enforce FURTHER INFORMATION CONTACT section. read as follows: a safety zone for the fireworks display taking place on the Chesapeake Bay near E. Unfunded Mandates Reform Act § 165.T07–0529 Safety Zone; 4th of July Chesapeake Beach, MD on July 1, 2016. The Unfunded Mandates Reform Act Firework Celebration, Key West, FL. This is a change from the annually of 1995 (2 U.S.C. 1531–1538) requires (a) Regulated Area. The following scheduled event on July 3, 2016, as Federal agencies to assess the effects of regulated area is a safety zone. A 300 indicated in 33 CFR 165.506. This VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM 28JNR1

Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations 41811 action is necessary to ensure safety of be enforced for the full duration stated available in the docket, go to http:// life on navigable waters during this in this notice, a Broadcast Notice to www.regulations.gov, type USCG–2016– event. Our regulation for Recurring Mariners may be used to grant general 0557 in the ‘‘SEARCH’’ box and click Marine Events within the Fifth Coast permission to enter the regulated area. ‘‘SEARCH.’’ Click on Open Docket Guard District identifies the regulated This notice of enforcement is issued Folder on the line associated with this area for this fireworks display event. under authority of 33 CFR 165.506 (d) rule. During the enforcement period, no and 5 U.S.C. 552 (a). In addition to this FOR FURTHER INFORMATION CONTACT: If person or vessel may enter, transit notice of enforcement in the Federal you have questions on this rule, call or through, anchor in, or remain within the Register, the Coast Guard will provide email LT Michael Collet, Chief of regulated area without approval from notification of this enforcement period Waterways Management, Sector Buffalo, the Captain of the Port or a designated via the Local Notice to Mariners and U.S. Coast Guard; telephone 716–843– representative. marine information broadcasts. 9322, email D09-SMB-SECBuffalo- DATES: The regulations in 33 CFR Dated: June 15, 2016. WWM@uscg.mil. 165.506, listed as event (b)10, Michael W. Batchelder, SUPPLEMENTARY INFORMATION: Chesapeake Bay, Chesapeake Beach, Commander, U.S. Coast Guard, Acting I. Table of Abbreviations MD; Safety Zone, in the Table to 33 CFR Captain of the Port Maryland-National 165.506 will be enforced from 8:30 p.m. Capital Region. CFR Code of Federal Regulations to 10:30 p.m. on July 1, 2016; and in the [FR Doc. 2016–15330 Filed 6–27–16; 8:45 am] DHS Department of Homeland Security case of inclement weather enforcement FR Federal Register BILLING CODE 9110–04–P will be from 8:30 p.m. to 10:30 p.m. on Pub. L. Public Law July 3, 2016. NPRM Notice of Proposed Rulemaking § Section FOR FURTHER INFORMATION CONTACT: If DEPARTMENT OF HOMELAND U.S.C. United States Code you have questions about this notice of SECURITY enforcement, call or email Mr. Ron II. Background Information and Houck, U.S. Coast Guard Sector Coast Guard Regulatory History Maryland-National Capital Region The Coast Guard is issuing this (WWM Division); telephone 410–576– 33 CFR Part 165 temporary rule without prior notice and 2674, email Ronald.L.Houck@uscg.mil. [Docket Number USCG–2016–0557] opportunity to comment pursuant to SUPPLEMENTARY INFORMATION: On June 4, authority under section 4(a) of the 2016, the Coast Guard was notified by RIN 1625–AA87; 1625–AA00 Administrative Procedure Act (APA) (5 the event sponsor that the date of this Security Zones; 2016 Republican U.S.C. 553(b)). This provision annual fireworks display was National Convention, and Associated authorizes an agency to issue a rule rescheduled to accommodate the Voluntary First Amendment Safety without prior notice and opportunity to weekend dates of the Independence Day Zones, Lake Erie and Cuyahoga River, comment when the agency for good Holiday for 2016. The time of the Cleveland, OH cause finds that those procedures are annual fireworks display remains ‘‘impracticable, unnecessary, or contrary unchanged. The Coast Guard will AGENCY: Coast Guard, DHS. to the public interest.’’ Under 5 U.S.C. enforce the safety zone in 33 CFR ACTION: Temporary final rule. 553(b)(B), the Coast Guard finds that 165.506 from 8:30 p.m. until 10:30 p.m. good cause exists for not publishing a on July 1, 2016, for the Town of SUMMARY: The Coast Guard is establishing temporary security zones notice of proposed rulemaking (NPRM) Chesapeake Beach, MD fireworks with respect to this rule due to it being display. This action is being taken to and safety zones for navigable waters within the Cleveland Harbor during the impracticable and contrary to the public provide for the safety of life on interest. Due to the sensitive security navigable waterways during this event. 2016 Republican National Convention. The Republican National Convention issues related to the Republican Our regulation for Recurring Marine National Convention, providing a public Events within the Fifth Coast Guard and related activities will be held at Quicken Loans Arena and other venues notice and comment period would be District, § 165.506, specifies the location contrary to the security zone’s intended of the regulated area for this safety zone from July 17, 2016 through July 22, 2016. The Department of Homeland objective of protecting VIPs and the as two circular shaped areas that public, because we cannot share the include all waters of the Chesapeake Security has designated the 2016 Republican National Convention as a sensitive security information details Bay, within a 150 yard radius of the prior to the rule being published. fireworks barge at latitude 38°41′36″ N., National Special Security Event (NSSE). The security zones are necessary to Under 5 U.S.C. 553(d)(3), the Coast longitude 076°31′30″ W. and a 150 yard Guard finds that good cause exists for radius of the fireworks barge at latitude protect convention delegates, official parties, dignitaries, the public and making this rule effective less than 30 38°41′28″ N., longitude 076°31′29″ W., days after publication in the Federal located near Chesapeake Beach, surrounding waterways from terrorist acts, sabotage or other subversive acts, Register. Any delay encountered in this Maryland. As specified in § 165.506(d), temporary rule’s effective date would be during the enforcement period, no accidents, or other causes of a similar nature. Entry of vessels or persons into contrary to the public interest given the vessel may not enter, remain in, or need to ensure the safety and security of transit through the safety zone without this zone is prohibited unless specifically authorized by the Captain of the event and participating members asabaliauskas on DSK3SPTVN1PROD with RULES approval from the Captain of the Port during the Republican National (COTP) or a COTP designated the Port Buffalo or a designated representative. Convention from July 15, 2016 through representative. The Coast Guard may be July 22, 2016. assisted by other Federal, state or local DATES: This rule is effective from 8 a.m. law enforcement agencies in enforcing July 15, 2016 through 11:59 p.m. July III. Legal Authority and Need for Rule this regulation. If the COTP or his 22, 2016. The Coast Guard is issuing this rule designated on-scene Patrol Commander ADDRESSES: To view documents under authority in 33 U.S.C. 1231. The determines the regulated area need not mentioned in this preamble as being Captain of the Port Buffalo has VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM 28JNR1


Document Created: 2016-06-28 00:53:50
Document Modified: 2016-06-28 00:53:50
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 165.506, listed as event (b)10, Chesapeake Bay, Chesapeake Beach, MD; Safety Zone, in the Table to 33 CFR 165.506 will be enforced from 8:30 p.m. to 10:30 p.m. on July 1, 2016; and in the case of inclement weather enforcement will be from 8:30 p.m. to 10:30 p.m. on July 3, 2016.
ContactIf you have questions about this notice of enforcement, call or email Mr. Ron Houck, U.S. Coast Guard Sector Maryland-National Capital Region (WWM Division); telephone 410- 576-2674, email [email protected]
FR Citation81 FR 41810 
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