81 FR 42526 - Regulated Navigation Area; Fourth of July, Biscayne Bay, Miami, FL
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 126 (June 30, 2016)
Coast Guard
Federal Register Volume 81, Issue 126 (June 30, 2016)
| Page Range | 42526-42528 | |
| FR Document | 2016-15508 |
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)] [Rules and Regulations] [Pages 42526-42528] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15508] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0608] RIN 1625-AA11 Regulated Navigation Area; Fourth of July, Biscayne Bay, Miami, FL AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is temporarily establishing a regulated navigation area on Biscayne Bay in Miami, Florida for the Fourth of July, 2016. This regulation is necessary to protect the public during upcoming Fourth of July events, a period during which a significant concentration of persons and vessels historically operate on the waters of Biscayne Bay. To ensure the public's safety, all vessels within the regulated navigation area are required to transit the regulated navigation area at no more than 15 knots; are subject to control by the Coast Guard officers and petty officers; and are required to follow the instructions of all law enforcement vessels in the area. DATES: This rule is effective on July 4th, 2016, from 7 p.m. until 11:59 p.m. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2016-0608 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 on this rule, call or email Petty Officer Benjamin Colbert, Sector Miami Waterways Management Branch, U.S. Coast Guard; telephone 305-535-4317, 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 Recreational boating traffic on the waters of Biscayne Bay increases significantly during Fourth of July activities. In recent years, recreational vessel speed, especially in crossing navigational channels, contributed to incidents that resulted in severe injury and death. This regulation seeks to increase public safety on the waters of Biscayne Bay during the 4th of July by requiring vessels to travel at a maximum speed of 15 knots. It also subjects recreational vessels to the control by Coast Guard officers and petty officers as well as local law enforcement authorities. 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 for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because publication of an NPRM would be impracticable. During meetings with local law enforcement, only weeks prior to the holiday, it was decided that a regulated navigation area be implemented for the holiday. Local law enforcement expressed opinion that previous implementation of this rule resulted a substantially safer waterway. This late decision makes proposing the rule for comment impracticable. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register for the reasons discussed above. III. Legal Authority and Need for Rule The legal basis for this proposed rule is the Coast Guard's authority to establish regulated navigation areas and other limited access areas: 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. The District Seven Commander has determined that potential hazards associated with Fourth of July events pose a safety concern for anyone on the waters of Biscayne Bay. The purpose of this rule is to ensure safety of vessels and the navigable waters in Biscayne Bay before, during, and after the July 4th events. IV. Discussion of Comments, Changes, and the Rule This rule establishes a regulated navigational area from 7 p.m. to 11:59 on July 4th, 2016. This regulated navigation area will encompass certain waters of the Biscayne Bay between Julia Tuttle Causeway Bridge and Cutler Bay, Florida. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after Fourth of July events. All vessels within the proposed regulated navigation area are: (1) Required to transit the regulated navigation area at no more than 15 knots; (2) subject to control by Coast Guard officers and petty officers; and (3) required to follow the instructions of all law enforcement vessels in the area. 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 [[Page 42527]] statutes and E.O.s, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review E.O.s 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. Although the regulated navigational area covers most of Biscayne Bay, it is only enforced for five hours on a holiday evening. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone and the rule allows vessels to enter the regulated navigational area. 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 received 0 comments from the Small Business Administration on this rulemaking. 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 regulated navigation area 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. 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 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.T07-0608 to read as follows: Sec. 165.T07-0608 Regulated Navigation Area; Fourth of July, Biscayne Bay, Miami, FL. (a) Regulated area. The regulated navigation area encompasses all waters of Biscayne Bay between Tuttle Causeway Bridge and Black Point contained within an imaginary line [[Page 42528]] connecting the following points: Beginning at Point 1 in position 25[deg]48'38'' N, 80[deg]10'40'' W; thence east to Point 2 in position 25[deg]48'38'' N, 80[deg]10'30'' W; thence southwest to Point 3 in position 25[deg]46'41'' N, 80[deg]10'54'' W; thence southeast to Point 4 in position 25[deg]46'17'' N, 80[deg]10'43'' W; thence southwest to Point 5 in position 25[deg]45'05'' N, 80[deg]10'50'' W; thence southeast to Point 6 in position 25[deg]44'47'' N, 80[deg]10'44'' W; thence southeast to Point 7 in position 25[deg]43'29'' N, 80[deg]09'37'' W; thence southwest to Point 8 in position 25[deg]42'39'' N, 80[deg]10'35'' W; thence southwest to Point 9 in position 25[deg]31'11'' N, 80[deg]13'06'' W; thence northwest to Point 10 in position 25[deg]31'31'' N, 80[deg]17'48'' W; thence northeast to Point 11 in position 25[deg]43'25'' N, 80[deg]13'17'' W; thence northeast to Point 12 in position 25[deg]43'59'' N, 80[deg]12'04'' W; thence northeast to Point 13 in position 25[deg]44'46'' N, 80[deg]11'23'' W; thence northeast to Point 14 in position 25[deg]46'10'' N, 80[deg]10'59'' W; thence northwest to Point 15 in position 25[deg]46'20'' N, 80[deg]11'04'' W; thence northeast to Point 16 in position 25[deg]46'44'' N, 80[deg]10'59'' W; thence northwest to Point 17 in position 25[deg]47'15'' N, 80[deg]11'06'' W; thence northeast to Point 18 in position 25[deg]47'24'' N, 80[deg]11'00'' W; thence north to Point 19 in position 25[deg]47'36'' N, 80[deg]11'00'' W; thence back to origin. All coordinates are North American Datum 1983. (b) Definition. The term ``designated representative'' means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Miami in the enforcement of the regulated area. (c) Regulations. All vessels within the regulated area are required to transit at no more than 15 knots; are subject to control by the Coast Guard officers and petty officers; and must follow the instructions of designated representatives. (d) Enforcement period. This section will be in enforced with actual notice from 7 p.m. to 11:59 on July 4, 2016. Dated: June 24, 2016. A.J. Gould, Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard District. [FR Doc. 2016-15508 Filed 6-29-16; 8:45 am] BILLING CODE 9110-04-P
![42526 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
■ 2. Add § 165.T08–0279 to read as which a significant concentration of to the public interest.’’ Under 5 U.S.C.
follows: persons and vessels historically operate 553(b)(B), the Coast Guard finds that
on the waters of Biscayne Bay. To good cause exists for not publishing a
§ 165.T08–0279 Safety Zone; Ohio River, ensure the public’s safety, all vessels notice of proposed rulemaking (NPRM)
Mile 307.8 to Mile 308.8, Huntington, WV.
within the regulated navigation area are with respect to this rule because
(a) Location. The following area is a required to transit the regulated publication of an NPRM would be
safety zone: All waters of the Ohio River navigation area at no more than 15 impracticable. During meetings with
from mile 307.8 to mile 308.8. knots; are subject to control by the Coast local law enforcement, only weeks prior
(b) Enforcement period. This safety Guard officers and petty officers; and to the holiday, it was decided that a
zone will be enforced from 9:30 p.m. are required to follow the instructions of regulated navigation area be
until 11:00 p.m. on July 1, 2016. all law enforcement vessels in the area. implemented for the holiday. Local law
(c) Regulations. (1) In accordance with DATES: This rule is effective on July 4th, enforcement expressed opinion that
the general regulations in § 165.23, entry 2016, from 7 p.m. until 11:59 p.m. previous implementation of this rule
into this zone is prohibited unless resulted a substantially safer waterway.
ADDRESSES: To view documents
specifically authorized by the Captain of This late decision makes proposing the
the Port Ohio Valley (COTP) or mentioned in this preamble as being
available in the docket, go to http:// rule for comment impracticable.
designated personnel. Persons or vessels We are issuing this rule, and under 5
desiring to enter into or pass through www.regulations.gov, type USCG–2016–
0608 in the ‘‘SEARCH’’ box and click U.S.C. 553(d)(3), the Coast Guard finds
the zone must request permission from that good cause exists for making it
the COTP or a designated ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this effective less than 30 days after
representative. They may be contacted publication in the Federal Register for
on VHF–FM radio channel 16 or phone rule.
the reasons discussed above.
at 1–800–253–7465. FOR FURTHER INFORMATION CONTACT: If
(2) Persons and vessels permitted to you have questions on this rule, call or III. Legal Authority and Need for Rule
deviate from this safety zone regulation email Petty Officer Benjamin Colbert, The legal basis for this proposed rule
and enter the restricted area must transit Sector Miami Waterways Management is the Coast Guard’s authority to
at the slowest safe speed and comply Branch, U.S. Coast Guard; telephone establish regulated navigation areas and
with all lawful directions issued by the 305–535–4317, email other limited access areas: 33 U.S.C.
COTP or a designated representative. Benjamin.R.Colbert@uscg.mil. 1231; 50 U.S.C. 191; 33 CFR 1.05–1,
(d) Information broadcasts. The COTP SUPPLEMENTARY INFORMATION: 6.04–1, 6.04–6, and 160.5; Department
or a designated representative will I. Table of Abbreviations of Homeland Security Delegation No.
inform the public through Broadcast 0170.1. The District Seven Commander
Notices to Mariners, Local Notices to CFR Code of Federal Regulations has determined that potential hazards
DHS Department of Homeland Security
Mariners, and/or Safety Marine E.O. Executive order
associated with Fourth of July events
Information Broadcasts as appropriate of FR Federal Register pose a safety concern for anyone on the
the enforcement period for each safety NPRM Notice of proposed rulemaking waters of Biscayne Bay. The purpose of
zone as well as any changes in the Pub. L. Public Law this rule is to ensure safety of vessels
planned and published dates and times § Section and the navigable waters in Biscayne
of enforcement. U.S.C. United States Code Bay before, during, and after the July 4th
II. Background Information and events.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Regulatory History IV. Discussion of Comments, Changes,
Port Ohio Valley. Recreational boating traffic on the and the Rule
[FR Doc. 2016–15570 Filed 6–29–16; 8:45 am] waters of Biscayne Bay increases This rule establishes a regulated
BILLING CODE 9110–04–P significantly during Fourth of July navigational area from 7 p.m. to 11:59
activities. In recent years, recreational on July 4th, 2016. This regulated
vessel speed, especially in crossing navigation area will encompass certain
DEPARTMENT OF HOMELAND navigational channels, contributed to waters of the Biscayne Bay between
SECURITY incidents that resulted in severe injury Julia Tuttle Causeway Bridge and Cutler
and death. This regulation seeks to Bay, Florida. The duration of the zone
Coast Guard increase public safety on the waters of is intended to ensure the safety of
Biscayne Bay during the 4th of July by vessels and these navigable waters
33 CFR Part 165 requiring vessels to travel at a maximum before, during, and after Fourth of July
[Docket Number USCG–2016–0608] speed of 15 knots. It also subjects events.
recreational vessels to the control by All vessels within the proposed
RIN 1625–AA11
Coast Guard officers and petty officers regulated navigation area are: (1)
Regulated Navigation Area; Fourth of as well as local law enforcement Required to transit the regulated
July, Biscayne Bay, Miami, FL authorities. navigation area at no more than 15
The Coast Guard is issuing this knots; (2) subject to control by Coast
AGENCY: Coast Guard, DHS. temporary rule without prior notice and Guard officers and petty officers; and (3)
ACTION: Temporary final rule. opportunity to comment pursuant to required to follow the instructions of all
authority under section 4(a) of the law enforcement vessels in the area.
srobinson on DSK5SPTVN1PROD with RULES
SUMMARY: The Coast Guard is Administrative Procedure Act (APA) (5
temporarily establishing a regulated U.S.C. 553(b)). This provision V. Regulatory Analyses
navigation area on Biscayne Bay in authorizes an agency to issue a rule We developed this rule after
Miami, Florida for the Fourth of July, without prior notice and opportunity to considering numerous statutes and
2016. This regulation is necessary to comment when the agency for good executive orders (E.O.s) related to
protect the public during upcoming cause finds that those procedures are rulemaking. Below we summarize our
Fourth of July events, a period during ‘‘impracticable, unnecessary, or contrary analyses based on a number of these
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![42528 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
connecting the following points: DEPARTMENT OF HOMELAND ‘‘impracticable, unnecessary, or contrary
Beginning at Point 1 in position SECURITY to the public interest.’’ Under 5 U.S.C.
25°48′38″ N, 80°10′40″ W; thence east to 553(b)(B), the Coast Guard finds that
Point 2 in position 25°48′38″ N, Coast Guard good cause exists for not publishing a
80°10′30″ W; thence southwest to Point notice of proposed rulemaking (NPRM)
3 in position 25°46′41″ N, 80°10′54″ W; 33 CFR Part 165 with respect to this rule because
thence southeast to Point 4 in position [Docket Number USCG–2016–0616] fireworks displays on or over the
25°46′17″ N, 80°10′43″ W; thence navigable waterway poses safety
RIN 1625–AA00 concerns for waterway users. On March
southwest to Point 5 in position
25°45′05″ N, 80°10′50″ W; thence 7, 2016, the Coast Guard published a
Safety Zone; Ohio River Mile 317–318, notice of proposed rulemaking (NPRM)
southeast to Point 6 in position Ashland, KY
25°44′47″ N, 80°10′44″ W; thence entitled, ‘‘Sector Ohio Valley Annual
southeast to Point 7 in position AGENCY: Coast Guard, DHS. and Recurring Safety Zones Update’’ (81
25°43′29″ N, 80°09′37″ W; thence ACTION: Temporary final rule. FR 11706). In the NPRM, the Coast
southwest to Point 8 in position Guard proposed to amend and update
SUMMARY: The Coast Guard is its list of recurring safety zone
25°42′39″ N, 80°10′35″ W; thence
establishing a temporary safety zone for regulations that take place in the Coast
southwest to Point 9 in position
all waters of the Ohio River from mile Guard Sector Ohio Valley area of
25°31′11″ N, 80°13′06″ W; thence
317 to mile 318, Ashland, KY. This responsibility (AOR). The public
northwest to Point 10 in position
temporary safety zone is necessary to comment period ended on June 6, 2016.
25°31′31″ N, 80°17′48″ W; thence protect persons and property from The Coast Guard did not receive
northeast to Point 11 in position potential damage and safety hazards comments on the NPRM. The Coast
25°43′25″ N, 80°13′17″ W; thence during a fireworks display on or over a Guard issued a final rule on June 14,
northeast to Point 12 in position navigable waterway. During the period 2016, finalizing the events proposed in
25°43′59″ N, 80°12′04″ W; thence of enforcement entry into this safety the NPRM, and the rule became
northeast to Point 13 in position zone is prohibited unless specifically effective on June 14, 2016 (see 81 FR
25°44′46″ N, 80°11′23″ W; thence authorized by the Captain of the Port 38595).
northeast to Point 14 in position (COTP) Ohio Valley or a designated Before the comment period closed,
25°46′10″ N, 80°10′59″ W; thence representative. the Coast Guard received new
northwest to Point 15 in position information regarding the Party in the
25°46′20″ N, 80°11′04″ W; thence DATES: This rule is effective from 9:35 to
10:45 p.m. on July 2, 2016. Park event, listed in Table 1, Line 13 of
northeast to Point 16 in position 33 CFR 165.801. For 2016, the event
25°46′44″ N, 80°10′59″ W; thence ADDRESSES: To view documents
mentioned in this preamble as being sponsor requested that the event be held
northwest to Point 17 in position on July 2 instead of July 4, which was
25°47′15″ N, 80°11′06″ W; thence available in the docket, go to http://
www.regulations.gov, type USCG–2016– the date proposed in the NPRM. Due to
northeast to Point 18 in position the date of the event, it is impracticable
25°47′24″ N, 80°11′00″ W; thence north 0616 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket to publish an NPRM for this date change
to Point 19 in position 25°47′36″ N, because we must establish this safety
80°11′00″ W; thence back to origin. All Folder on the line associated with this
rule. zone by July 2, 2016. If the event
coordinates are North American Datum sponsor decides to continue to hold the
1983. FOR FURTHER INFORMATION CONTACT: If
event annually on July 2, the Coast
you have questions on this rule, call or Guard will publish an NPRM in the
(b) Definition. The term ‘‘designated email Petty Officer Third Class Robert
representative’’ means Coast Guard Federal Register to permanently change
Miller; telephone (304) 733–0198, email the event date.
Patrol Commanders, including Coast STL-PF-MSUHUNTINGTON-MEC@
Guard coxswains, petty officers, and We are issuing this rule, and under 5
uscg.mil.
other officers operating Coast Guard U.S.C. 553(d)(3), the Coast Guard finds
vessels, and Federal, state, and local SUPPLEMENTARY INFORMATION: that good cause exists for making the
officers designated by or assisting the I. Table of Abbreviations rule effective less than 30 days after
Captain of the Port Miami in the publication in the Federal Register.
CFR Code of Federal Regulations Delaying the effective date of the rule is
enforcement of the regulated area. COTP Captain of the Port contrary to the public interest as it
(c) Regulations. All vessels within the DHS Department of Homeland Security
would delay the effectiveness of the
regulated area are required to transit at FR Federal Register
NPRM Notice of proposed rulemaking temporary safety zone needed to
no more than 15 knots; are subject to respond to potential related safety
control by the Coast Guard officers and § Section
U.S.C. United States Code hazards until after the planned
petty officers; and must follow the fireworks display.
instructions of designated II. Background Information and
representatives. Regulatory History III. Legal Authority and Need for Rule
(d) Enforcement period. This section The Coast Guard is issuing this The Coast Guard is issuing this rule
will be in enforced with actual notice temporary rule without prior notice and under authority in 33 U.S.C. 1231. The
from 7 p.m. to 11:59 on July 4, 2016. opportunity to comment pursuant to COTP has determined that potential
srobinson on DSK5SPTVN1PROD with RULES
Dated: June 24, 2016.
authority under section 4(a) of the hazards associated with fireworks
Administrative Procedure Act (APA) (5 displays taking place on or over this
A.J. Gould, U.S.C. 553(b)). This provision section of navigable waterway will be a
Captain, U.S. Coast Guard, Acting authorizes an agency to issue a rule safety concern for anyone within the
Commander, Seventh Coast Guard District. without prior notice and opportunity to area designated as the safety zone. This
[FR Doc. 2016–15508 Filed 6–29–16; 8:45 am] comment when the agency finds good rule is needed to protect personnel,
BILLING CODE 9110–04–P cause that those procedures are vessels, and the marine environment in
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Document Created: 2018-02-08 07:45:19
Document Modified: 2018-02-08 07:45:19
| 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 on July 4th, 2016, from 7 p.m. until 11:59 p.m. | |
| Contact | If you have questions on this rule, call or email Petty Officer Benjamin Colbert, Sector Miami Waterways Management Branch, U.S. Coast Guard; telephone 305-535-4317, email [email protected] | |
| FR Citation | 81 FR 42526 | |
| RIN Number | 1625-AA11 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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