81 FR 41814 - Special Local Regulations; Marine Events Held in the Sector Delaware Bay Captain of the Port Zone
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 124 (June 28, 2016)
Coast Guard
Federal Register Volume 81, Issue 124 (June 28, 2016)
| Page Range | 41814-41815 | |
| FR Document | 2016-15032 |
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)] [Rules and Regulations] [Pages 41814-41815] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15032] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2016-0518] Special Local Regulations; Marine Events Held in the Sector Delaware Bay Captain of the Port Zone AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. ----------------------------------------------------------------------- SUMMARY: The Coast Guard will enforce the safety zone in the Delaware River, near Philadelphia, Pennsylvania, for annual fireworks displays in the Captain of the Port Delaware Bay zone at specified times from June 15, 2016 through July 4, 2016. Enforcement of this zone is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after these fireworks events. During the enforcement period, no vessel may transit this regulated area without approval from the Captain of the Port (COTP) or a designated representative. DATES: The regulation in 33 CFR 165.506 will be enforced for the safety zone listed in Section (a), Line (16) of the Table in Sec. 165.506 from 8 p.m. until 10 p.m. on July 1, 2016, through July 4, 2016. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email LT Brennan Dougherty, Sector Delaware Bay Waterways Management Division, U.S. Coast Guard; telephone 215-271-4851, email [email protected]. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone for fireworks in the Delaware River in Philadelphia, PA listed in 33 CFR 165.506, in Section (a), Line (16) of the Table from 8 p.m. until 10 p.m. on June 15, 2016, and July 1, 2016, through July 4, 2016. This action is being taken to provide for the safety of life on navigable waterways during the fireworks display. Our regulation for Recurring Marine Events in Captain of the Port Delaware Bay Zone, Sec. 165.506, specifies the location of the regulated area for this safety zone as all waters of [[Page 41815]] Delaware River, adjacent to Penn's Landing, Philadelphia, PA, bounded from shoreline to shoreline, bounded on the south by a line running east to west from points along the shoreline at latitude 39[deg]56'31.2'' N, longitude 075[deg]08'28.1'' W; thence to latitude 39[deg]56'29''.1 N, longitude 075[deg]07'56.5'' W, and bounded on the north by the Benjamin Franklin Bridge. As specified in Sec. 165.506, during the enforcement period no vessel may transit this safety zone without approval from the Captain of the Port Delaware Bay (COTP). If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. This notice of enforcement is issued under authority of 33 CFR 165.506 and 5 U.S.C. 552(a). In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide the maritime community with advanced notification of this enforcement period via Broadcast Notice to Mariners (BNM). If the COTP, Delaware Bay, determines that the regulated area need not be enforced for the full duration, a BNM to grant general permission to enter the safety zone will be used. Dated: June 14, 2016. Benjamin A. Cooper, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2016-15032 Filed 6-27-16; 8:45 am] BILLING CODE 9110-04-P
![41814 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations
(2) Zone 2: Encompasses all waters of approximately 650 feet to position Dated: June 22, 2016.
Cleveland Harbor (near the Rock and 41°30′23″ N. and 081°42′40″ W.; then B.W. Roche,
Roll Hall of Fame and Museum) starting following a straight line back to the Captain, U.S. Coast Guard, Captain of the
shoreline at position 41°31′07″ N., point of origin. Port Buffalo.
081°41′17″ W. (near the Southwest (6) Zone 6: Voluntary First [FR Doc. 2016–15240 Filed 6–27–16; 8:45 am]
corner of the Burke Lakefront Airport); Amendment Safety Zone: Encompasses BILLING CODE 9110–04–P
then extending approximately 2,100 feet all waters of Lake Erie, Cleveland
northwest to position 41°31′26″ N., Harbor; Cleveland, OH (near Whiskey
081°41′28″ W.; then extending Island Marina) starting at position DEPARTMENT OF HOMELAND
approximately 1 nm southwest to 41°30′06″ N., 081°43′14″ W.; then SECURITY
position 41°30′47″ N., 081°42′35″ W. extending approximately 600 feet
(about 900 feet past the west break northwest to position 41°30′11″ N., Coast Guard
wall); then extending to the shoreline at 081°43′17″ W.; then extending
position 41°30′24″ N., 081°42′19″ W. approximately 1,200 feet southwest to 33 CFR Part 165
(Southwest of the Rock and Roll Hall of position 41°30′04″ N., 081°43′30″ W.; [Docket No. USCG–2016–0518]
Fame and Museum); then following the then extending to position 41°29′59″ N.
shoreline back to the point of origin. and 081°43′26″ W.; then following back Special Local Regulations; Marine
(3) Zone 3: Encompasses all waters of to the point of origin. Events Held in the Sector Delaware
Cleveland Harbor (from about 2,000 feet (b) Definitions. As used in this Bay Captain of the Port Zone
southwest of the Rock and Roll Hall of section, designated representative
Fame throughout the Cuyahoga river) means a Coast Guard Patrol AGENCY: Coast Guard, DHS.
starting at 41°30′24″ N., 081°42′19″ W. Commander, including a Coast Guard ACTION: Notice of enforcement of
(Southwest of the Rock and Roll Hall of coxswain, petty officer, or other officer regulation.
Fame); then extending approximately operating a Coast Guard vessel and a
2,600 feet northwest to position SUMMARY: The Coast Guard will enforce
Federal, State, and local officer the safety zone in the Delaware River,
41°30′47″ N., 081°42′35″ W.; then designated by or assisting the Captain of
extending approximately 4,000 feet near Philadelphia, Pennsylvania, for
the Port (COTP) Buffalo. annual fireworks displays in the Captain
southwest to position 41°30′26″ N.,
(c) Regulations. (1) Under the general of the Port Delaware Bay zone at
081°43′17″ W. (about 1,200 feet
security zone regulations in § 165.33 of specified times from June 15, 2016
southwest of Cleveland Harbor West
this part, you may not enter the security through July 4, 2016. Enforcement of
Pierhead Lighthouse); then extending
zone described in paragraph (a) of this this zone is necessary and intended to
shoreline to position 41°29′59″ N. and
section unless authorized by the COTP ensure safety of life on the navigable
081°43′01″ W. (just east of the eastern
or the COTP’s designated representative. waters immediately prior to, during, and
entrance to the Whiskey Island Marina),
then following the west bank up the (2) To seek permission to enter the immediately after these fireworks
Cuyahoga River, not including the Old security zones, contact the COTP events. During the enforcement period,
River, to position 41°29′40″ N., Buffalo or the COTP’s representative. no vessel may transit this regulated area
081°41′55″ W. and extending in a Those in the security zone must comply without approval from the Captain of
straight line across the river to 41°29′38″ with all lawful orders or directions the Port (COTP) or a designated
N. and 081°41′53″ W. (the West side of given to them by the COTP or the representative.
Carter Road Bridge); then following the COTP’s designated representative.
Entrance into the safety zones, zones 5– DATES: The regulation in 33 CFR
east bank of the Cuyahoga River and 165.506 will be enforced for the safety
shoreline back to the point of origin. 6, do not require notification to the
COTP or the COTP’s designated zone listed in Section (a), Line (16) of
(4) Zone 4: Encompasses all waters of the Table in § 165.506 from 8 p.m. until
the Cuyahoga River (near collision representative; however persons or
vessels operating within the safety 10 p.m. on July 1, 2016, through July 4,
bend) starting near the Carter Road 2016.
Bridge at position 41°29′40″ N., zones shall travel at the minimum speed
081°41′55″ W. then extending in a necessary to maintain a safe course. FOR FURTHER INFORMATION CONTACT: If
straight line across the river to position Under the general safety zone you have questions about this notice of
41°29′38″ N., 081°41′53″ W.; then regulations in § 165.23(d) of this part, enforcement, call or email LT Brennan
continuing along the shoreline of the each person in the safety zone must Dougherty, Sector Delaware Bay
river to a point just east of the George comply with all lawful orders or Waterways Management Division, U.S.
V. Voinovich Bridge at position directions given to them by the COTP or Coast Guard; telephone 215–271–4851,
41°29′11″ N., 081°41′23″ W.; then the COTP’s designated representative. email Brennan.P.Dougherty@uscg.mil.
extending in a straight line across the Vessels wishing to enter the safety zones SUPPLEMENTARY INFORMATION: The Coast
river to 41°29′09″ N., 081°41′23″ W.; will not be allowed to cross an active Guard will enforce the safety zone for
then following the shoreline back to the security zone and should make fireworks in the Delaware River in
point of origin. alternative arrangements if necessary. Philadelphia, PA listed in 33 CFR
(5) Zone 5: Voluntary First (d) Enforcement Period. Zones 1–4 165.506, in Section (a), Line (16) of the
Amendment Safety Zone: Encompasses will be enforced intermittently from 8 Table from 8 p.m. until 10 p.m. on June
all waters of Lake Erie, Cleveland a.m. July 15, 2016 through 11:59 p.m. 15, 2016, and July 1, 2016, through July
asabaliauskas on DSK3SPTVN1PROD with RULES
Harbor; Cleveland, OH (in the west July 22, 2016. Zone 5 will be enforced 4, 2016. This action is being taken to
basin) starting at position 41°30′30″ N., from 2 p.m. through 11:59 p.m. on July provide for the safety of life on
081°42′27″ W.; then extending 17, 2016. Zone 6 will be enforced from navigable waterways during the
approximately 650 feet northwest to 9 a.m. on July 17, 2016 through 8 p.m. fireworks display. Our regulation for
position 41°30′36″ N., 081°42′31″ W.; on July 21, 2016. Public notice of Recurring Marine Events in Captain of
then extending approximately 1,200 feet enforcement periods will be made via the Port Delaware Bay Zone, § 165.506,
southwest to position 41°30′29″ N., Broadcast Notice to Mariners over VHF specifies the location of the regulated
081°42′44″ W.; then extending to channel 16. area for this safety zone as all waters of
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![Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations 41815
Delaware River, adjacent to Penn’s DATES: This rule is effective on July 9, Immediate action is necessary to
Landing, Philadelphia, PA, bounded 2016 from 8:30 p.m. until 10:30 p.m. prevent possible loss of life and
from shoreline to shoreline, bounded on ADDRESSES: To view documents property during the hazards created by
the south by a line running east to west mentioned in this preamble as being a barge-based fireworks display.
from points along the shoreline at available in the docket, go to http:// III. Legal Authority and Need for Rule
latitude 39°56′31.2″ N, longitude www.regulations.gov, type USCG–2016–
075°08′28.1″ W; thence to latitude 0538 in the ‘‘SEARCH’’ box and click The Coast Guard is issuing this rule
39°56′29″.1 N, longitude 075°07′56.5″ ‘‘SEARCH.’’ Click on Open Docket under authority in 33 U.S.C. 1231. The
W, and bounded on the north by the Folder on the line associated with this Captain of the Port Pittsburgh (COTP)
Benjamin Franklin Bridge. rule. has determined that a safety zone is
As specified in § 165.506, during the FOR FURTHER INFORMATION CONTACT: If needed on July 9, 2016. This rule is
enforcement period no vessel may you have questions on this rule, call or needed to protect personnel, vessels,
transit this safety zone without approval email MST1 Jennifer Haggins, Marine and the marine environment from
from the Captain of the Port Delaware Safety Unit Pittsburgh, U.S. Coast potential hazards created from a barge-
Bay (COTP). If permission is granted, all Guard, at telephone 412–221–0807, based fireworks display.
persons and vessels shall comply with email Jennifer.L.Haggins@uscg.mil. IV. Discussion of the Rule
the instructions of the COTP or SUPPLEMENTARY INFORMATION:
designated representative. This rule establishes a safety zone on
This notice of enforcement is issued I. Table of Abbreviations July 9, 2016 from 8:30 p.m. until 10:30
under authority of 33 CFR 165.506 and p.m. The safety zone will cover all
CFR Code of Federal Regulations
5 U.S.C. 552(a). In addition to this DHS Department of Homeland Security navigable waters on the Allegheny
notice of enforcement in the Federal FR Federal Register River, Monongahela River, and Ohio
Register, the Coast Guard will provide NPRM Notice of proposed rulemaking River from mile 0.0–0.5 on each of the
the maritime community with advanced § Section three rivers. The duration of the safety
U.S.C. United States Code zone is intended to protect personnel,
notification of this enforcement period
via Broadcast Notice to Mariners (BNM). II. Background Information and vessels, and the marine environment
If the COTP, Delaware Bay, determines Regulatory History from potential hazards created from a
that the regulated area need not be barge-based firework display. No vessel
The Coast Guard is issuing this or person will be permitted to enter the
enforced for the full duration, a BNM to temporary rule without prior notice and
grant general permission to enter the safety zone without obtaining
opportunity to comment pursuant to permission from the COTP or a
safety zone will be used. authority under section 4(a) of the designated representative.
Dated: June 14, 2016. Administrative Procedure Act (APA) (5
Benjamin A. Cooper, U.S.C. 553(b)). This provision V. Regulatory Analyses
Captain, U.S. Coast Guard, Captain of the authorizes an agency to issue a rule We developed this rule after
Port Delaware Bay. without prior notice and opportunity to considering numerous statutes and
[FR Doc. 2016–15032 Filed 6–27–16; 8:45 am] comment when the agency for good Executive orders related to rulemaking.
BILLING CODE 9110–04–P cause finds that those procedures are Below we summarize our analyses
‘‘impracticable, unnecessary, or contrary based on a number of these statutes and
to the public interest.’’ Under 5 U.S.C. Executive orders, and we discuss First
DEPARTMENT OF HOMELAND 553(b)(B), the Coast Guard finds that Amendment rights of protestors.
SECURITY good cause exists for not publishing a
notice of proposed rulemaking (NPRM) A. Regulatory Planning and Review
Coast Guard with respect to this rule because the Executive Orders 12866 and 13563
Coast Guard received notice on June 8, direct agencies to assess the costs and
33 CFR Part 165 2016 that this fireworks display would benefits of available regulatory
[Docket Number USCG–2016–0538] take place. After receiving and fully alternatives and, if regulation is
reviewing the event information, necessary, to select regulatory
RIN 1625–AA00 circumstances, and exact location, the approaches that maximize net benefits.
Coast Guard determined that a safety Executive Order 13563 emphasizes the
Safety Zone; Allegheny River Mile 0–
zone is necessary to protect personnel, importance of quantifying both costs
0.5, Monongahela River Mile 0–0.5,
vessels, and the marine environment and benefits, of reducing costs, of
Ohio River Mile 0–0.5, Pittsburgh, PA
from potential hazards created from a harmonizing rules, and of promoting
AGENCY: Coast Guard, DHS. barge-based fireworks display on the flexibility. This rule has not been
ACTION: Temporary final rule. navigable waterway. It would be designated a ‘‘significant regulatory
impracticable to complete the full action,’’ under Executive Order 12866.
SUMMARY: The Coast Guard is NPRM process for this safety zone Accordingly, it has not been reviewed
establishing a temporary safety zone for because it needs to be established by by the Office of Management and
navigable waters of the Allegheny River, July 9, 2016. The fireworks display has Budget.
Monongahela River, and Ohio River been advertised and the local This regulatory action determination
from mile 0.0–0.5 on each of the three community has prepared for the event. is based on the size, location, and
asabaliauskas on DSK3SPTVN1PROD with RULES
rivers. The safety zone is needed to We are issuing this rule, and under 5 duration of the safety zone. This safety
protect personnel, vessels, and the U.S.C. 553(d)(3), the Coast Guard finds zone impacts a small portion of the
marine environment from potential that good cause exists for making it waterway on each of the three rivers and
hazards created from a barge-based effective less than 30 days after for a limited duration of two hours.
fireworks display. Entry of vessels or publication in the Federal Register. Vessel traffic will be informed about the
persons into this zone is prohibited Delaying this rule would be contrary to safety zone through local notices to
unless specifically authorized by the public interest of ensuring the safety of mariners. Moreover, the Coast Guard
Captain of the Port Pittsburgh. spectators and vessels during the event. will issue broadcast botices to mariners
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Document Created: 2016-06-28 00:53:20
Document Modified: 2016-06-28 00:53:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of enforcement of regulation. | |
| Dates | The regulation in 33 CFR 165.506 will be enforced for the safety zone listed in Section (a), Line (16) of the Table in Sec. 165.506 from 8 p.m. until 10 p.m. on July 1, 2016, through July 4, 2016. | |
| Contact | If you have questions about this notice of enforcement, call or email LT Brennan Dougherty, Sector Delaware Bay Waterways Management Division, U.S. Coast Guard; telephone 215-271-4851, email [email protected] | |
| FR Citation | 81 FR 41814 |
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