82_FR_16173 82 FR 16111 - Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Lubbers Cup Regatta

82 FR 16111 - Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Lubbers Cup Regatta

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 62 (April 3, 2017)

Page Range16111-16112
FR Document2017-06471

The Coast Guard will enforce the safety zone on the Spring Lake in Spring Lake, MI in the vicinity of Keenan Marina within a rectangle that is approximately 6,300 by 300 feet for the Lubbers Cup Regatta on April 8, 2017 and April 9, 2017. This action is necessary and intended to ensure safety of life on navigable waters immediately prior to, during, and after the Regatta. During the aforementioned period, 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 or a designated representative.

Federal Register, Volume 82 Issue 62 (Monday, April 3, 2017)
[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Rules and Regulations]
[Pages 16111-16112]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06471]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0222]
RIN 1625-AA00


Safety Zone; Annual Events Requiring Safety Zones in the Captain 
of the Port Lake Michigan Zone--Lubbers Cup Regatta

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone on the Spring 
Lake in Spring Lake, MI in the vicinity of Keenan Marina within a 
rectangle that is approximately 6,300 by 300 feet for the Lubbers Cup 
Regatta on April 8, 2017 and April 9, 2017. This action is necessary 
and intended to ensure safety of life on navigable waters immediately 
prior to, during, and after the Regatta. During the aforementioned 
period, 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 or a designated representative.

DATES: The regulations in 33 CFR 165.929 will be enforced for safety 
zone (b)(2), Table 165.929, from 7:45 a.m. until 7:15 p.m. on April 8, 
2017 and 7:45 a.m. until 12:15 p.m. on April 9, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
document, call or email marine event coordinator, Prevention 
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 
747-7148, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Lubbers Cup 
Regatta safety zone listed as item (b)(2) in Table 165.929 of 33 CFR 
165.929. Section 165.929 lists many annual events requiring safety 
zones in the Captain of the Port Lake Michigan zone. This safety zone 
will encompass all waters of Spring Lake in Spring Lake, Michigan in 
the vicinity of Keenan Marina within a rectangle that is

[[Page 16112]]

approximately 6,300 by 300 feet. The rectangle will be bounded by 
points beginning at 43[deg]04.914' N., 086[deg]12.525' W.; then east to 
43[deg]04.958' N., 086[deg]11.104' W.; then south to 43[deg]04.913' N., 
086[deg]11.096' W.; then west to 43[deg]04.867' N., 086[deg]12.527' W.; 
then north back to the point of origin. (NAD 83). As specified in 33 
CFR 165.929, 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 document is issued under authority of 33 CFR 165.929, Safety 
Zones; Annual events requiring safety zones in the Captain of the Port 
Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this 
publication 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: March 28, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2017-06471 Filed 3-31-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations                                               16111

                                                will not result in such an expenditure,                 § 165.T14–0172 Safety Zone; Pacific                     Dated: March 28, 2017.
                                                we do discuss the effects of this rule                  Ocean, Kilauea Lava Flow Ocean Entry on               M.C. Long,
                                                elsewhere in this preamble.                             Southeast Side of Island of Hawaii, HI.               Captain, U.S. Coast Guard, Captain of the
                                                                                                           (a) Location. The safety zone area is              Port Honolulu.
                                                F. Environment                                          located within the COTP Zone (See 33                  [FR Doc. 2017–06473 Filed 3–31–17; 8:45 am]
                                                   We have analyzed this rule under                     CFR 3.70–10) and encompasses one                      BILLING CODE 9110–04–P
                                                Department of Homeland Security                         primary area from the surface of the
                                                Management Directive 023–01 and                         water to the ocean floor at the Kilauea
                                                Commandant Instruction M16475.lD,                       active lava flow entry into the Pacific               DEPARTMENT OF HOMELAND
                                                which guide the Coast Guard in                          Ocean on the southeast side of the                    SECURITY
                                                complying with the National                             Island of Hawaii, HI. The entry point of
                                                Environmental Policy Act of 1969(42                     the lava does change based on flow,                   Coast Guard
                                                U.S.C. 4321–4370f), and have                            however the safety zone will encompass
                                                determined that this action is one of a                 all waters extending 300 meters (984                  33 CFR Part 165
                                                category of actions that do not                         feet) in all directions around the entry              [Docket No. USCG–2017–0222]
                                                individually or cumulatively have a                     point of lava flow into the ocean
                                                                                                        associated with the lava flow at the                  RIN 1625–AA00
                                                significant effect on the human
                                                environment. This rule involves a                       Kamokuna lava delta.                                  Safety Zone; Annual Events Requiring
                                                temporary safety zone lasting 6 months                     (b) Effective period. This rule is                 Safety Zones in the Captain of the Port
                                                that will prohibit persons and vessels                  effective from 8 a.m. (HST) on March                  Lake Michigan Zone—Lubbers Cup
                                                from entry into the 300 meters (984 feet)               07, 2017, through 8 a.m. (HST) on                     Regatta
                                                safety zone extending in all directions                 September 22, 2017.
                                                around the entry of lava flow into the                     (c) Regulations. The general                       AGENCY:  Coast Guard, DHS.
                                                Pacific Ocean. This safety zone is                      regulations governing safety zones                    ACTION: Notice of enforcement of
                                                categorically excluded from further                     contained in § 165.23 apply to the safety             regulation.
                                                review under paragraph 34(g) of Figure                  zone created by this temporary final
                                                                                                        rule.                                                 SUMMARY:    The Coast Guard will enforce
                                                2–1 of the Commandant Instruction. An
                                                                                                           (1) All persons and vessels are                    the safety zone on the Spring Lake in
                                                environmental analysis checklist
                                                                                                        required to comply with the general                   Spring Lake, MI in the vicinity of
                                                supporting this determination and a
                                                                                                        regulations governing safety zones                    Keenan Marina within a rectangle that
                                                Categorical Exclusion Determination are
                                                                                                        found in this part.                                   is approximately 6,300 by 300 feet for
                                                available in the docket where indicated
                                                                                                           (2) Entry into or remaining in this                the Lubbers Cup Regatta on April 8,
                                                under ADDRESSES. We seek any
                                                                                                        safety zone is prohibited unless                      2017 and April 9, 2017. This action is
                                                comments or information that may lead
                                                                                                        authorized by the COTP Honolulu or his                necessary and intended to ensure safety
                                                to the discovery of a significant
                                                                                                        designated representative.                            of life on navigable waters immediately
                                                environmental impact from this rule.
                                                                                                                                                              prior to, during, and after the Regatta.
                                                                                                           (3) Persons or vessels desiring to
                                                G. Protest Activities                                                                                         During the aforementioned period, the
                                                                                                        transit the safety zone identified in
                                                                                                                                                              Coast Guard will enforce restrictions
                                                  The Coast Guard respects the First                    paragraph (a) of this section may contact
                                                                                                                                                              upon, and control movement of, vessels
                                                Amendment rights of protesters.                         the COTP of Honolulu through his
                                                                                                                                                              in the safety zone. No person or vessel
                                                Protesters are asked to contact the                     designated representatives at the
                                                                                                                                                              may enter the safety zone while it is
                                                person listed in the FOR FURTHER                        Command Center via telephone: (808)
                                                                                                                                                              being enforced without permission of
                                                INFORMATION CONTACT section to                          842–2600 and (808) 842–2601; fax: (808)
                                                                                                                                                              the Captain of the Port Lake Michigan
                                                coordinate protest activities so that your              842–2642; or on VHF channel 16 (156.8
                                                                                                                                                              or a designated representative.
                                                message can be received without                         Mhz) to request permission to transit the
                                                                                                        safety zone. If permission is granted, all            DATES: The regulations in 33 CFR
                                                jeopardizing the safety or security of
                                                                                                        persons and vessels must comply with                  165.929 will be enforced for safety zone
                                                people, places or vessels.
                                                                                                        the instructions of the COTP Honolulu                 (b)(2), Table 165.929, from 7:45 a.m.
                                                List of Subjects in 33 CFR Part 165                     or his designated representative and                  until 7:15 p.m. on April 8, 2017 and
                                                                                                        proceed at the minimum speed                          7:45 a.m. until 12:15 p.m. on April 9,
                                                  Harbors, Marine safety, Navigation                                                                          2017.
                                                (water), Reporting and recordkeeping                    necessary to maintain a safe course
                                                requirements, Security measures,                        while in the safety zone.                             FOR FURTHER INFORMATION CONTACT: If
                                                Waterways.                                                 (4) The U.S. Coast Guard may be                    you have questions on this document,
                                                                                                        assisted in the patrol and enforcement                call or email marine event coordinator,
                                                  For the reasons discussed in the                      of the safety zone by Federal, State, and             Prevention Department, Coast Guard
                                                preamble, the Coast Guard amends 33                     local agencies.                                       Sector Lake Michigan, Milwaukee, WI at
                                                CFR part 165 as follows:                                   (d) Notice of enforcement. The COTP                (414) 747–7148, email D09-SMB-
                                                                                                        Honolulu will provide notice of                       SECLakeMichigan-WWM@uscg.mil.
                                                PART 165—REGULATED NAVIGATION
                                                AREAS AND LIMITED ACCESS AREAS                          enforcement of the safety zone                        SUPPLEMENTARY INFORMATION: The Coast
                                                                                                        described in this section by verbal radio             Guard will enforce the Lubbers Cup
                                                ■ 1. The authority citation for part 165                broadcasts and written notice to                      Regatta safety zone listed as item (b)(2)
                                                continues to read as follows:                           mariners.                                             in Table 165.929 of 33 CFR 165.929.
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                                                                                                           (e) Definitions. As used in this                   Section 165.929 lists many annual
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             section, ‘‘designated representative’’                events requiring safety zones in the
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                        means any Coast Guard commissioned,                   Captain of the Port Lake Michigan zone.
                                                Department of Homeland Security Delegation
                                                No. 0170.1.                                             warrant, or petty officer who has been                This safety zone will encompass all
                                                                                                        authorized by the COTP to assist in                   waters of Spring Lake in Spring Lake,
                                                ■ 2. Add § 165.T14–0172 to read as                      enforcing the safety zone described in                Michigan in the vicinity of Keenan
                                                follows:                                                paragraph (a) of this section.                        Marina within a rectangle that is


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                                                16112                Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations

                                                approximately 6,300 by 300 feet. The                    DATES:  This rule is effective from 11                the public from hazards associated with
                                                rectangle will be bounded by points                     p.m. on April 8, 2017, until 1 a.m. on                the fireworks display.
                                                beginning at 43°04.914′ N., 086°12.525′                 April 10, 2017. This rule will be                        The public fireworks display will be
                                                W.; then east to 43°04.958′ N.,                         enforced from 11 p.m. on April 8, 2017,               conducted by Fireworks by Grucci, Inc.
                                                086°11.104′ W.; then south to 43°04.913′                until 1 a.m. on April 9, 2017, or if                  and launched from five floating
                                                N., 086°11.096′ W.; then west to                        necessary due to inclement weather,                   platforms located within the waters of
                                                43°04.867′ N., 086°12.527′ W.; then                     from 11 p.m. on April 9, 2017, until 1                Inner Harbor Baltimore, between Inner
                                                north back to the point of origin. (NAD                 a.m. on April 10, 2017.                               Harbor Pier 3 and Inner Harbor Pier 5
                                                83). As specified in 33 CFR 165.929, all                ADDRESSES: To view documents                          in Baltimore, MD. In the event of
                                                vessels must obtain permission from the                 mentioned in this preamble as being                   inclement weather, the fireworks
                                                Captain of the Port Lake Michigan or a                  available in the docket, go to http://                display will be scheduled for April 9,
                                                designated representative to enter, move                www.regulations.gov, type USCG–2017–                  2017. Hazards from fireworks displays
                                                within, or exit the safety zone when it                 0176 in the ‘‘SEARCH’’ box and click                  include accidental discharge of
                                                is enforced. Vessels and persons granted                ‘‘SEARCH.’’ Click on Open Docket                      fireworks, dangerous projectiles, and
                                                permission to enter the safety zone must                Folder on the line associated with this               falling hot embers or other debris. The
                                                obey all lawful orders or directions of                 rule.                                                 Captain of the Port (COTP) has
                                                the Captain of the Port Lake Michigan                   FOR FURTHER INFORMATION CONTACT: If                   determined that potential hazards
                                                or a designated representative.                         you have questions about this                         associated with the fireworks to be used
                                                   This document is issued under                        rulemaking, call or email Mr. Ronald                  in this display would be a safety
                                                authority of 33 CFR 165.929, Safety                     Houck, Sector Maryland-National                       concern for anyone within a 75-yard
                                                Zones; Annual events requiring safety                   Capital Region Waterways Management                   radius of each of each of the five
                                                zones in the Captain of the Port Lake                   Division, U.S. Coast Guard; telephone                 fireworks discharge sites.
                                                Michigan zone, and 5 U.S.C. 552(a). In                  410–576–2674, email Ronald.L.Houck@
                                                addition to this publication in the                     uscg.mil.                                                The fireworks display will be
                                                Federal Register, the Coast Guard plans                                                                       conducted at a time of year and time of
                                                                                                        SUPPLEMENTARY INFORMATION:                            day when boating traffic is expected to
                                                to provide the maritime community
                                                with advance notification for the                       I. Table of Abbreviations                             be minimal. The purpose of this
                                                enforcement of this zone via Broadcast                                                                        rulemaking is to ensure the safety of
                                                                                                        CFR Code of Federal Regulations
                                                Notice to Mariners or Local Notice to                                                                         persons and vessels on the navigable
                                                                                                        COTP Captain of the Port
                                                Mariners. The Captain of the Port Lake                  DHS Department of Homeland Security                   waters within the Inner Harbor before,
                                                Michigan or a representative may be                     FR Federal Register                                   during, and after the scheduled event.
                                                contacted via Channel 16, VHF–FM.                       § Section                                             The Coast Guard is issuing this rule
                                                                                                        U.S.C. United States Code                             under authority in 33 U.S.C. 1231.
                                                  Dated: March 28, 2017.
                                                A.B. Cocanour,                                          II. Background, Purpose, and Legal                    III. Discussion of Rule
                                                Captain, U.S. Coast Guard, Captain of the               Basis
                                                                                                                                                                 The COTP is establishing a safety
                                                Port Lake Michigan.                                        The Coast Guard is issuing this
                                                                                                                                                              zone from 11 p.m. on April 8, 2017,
                                                [FR Doc. 2017–06471 Filed 3–31–17; 8:45 am]             temporary final rule without prior
                                                                                                                                                              until 1 a.m. on April 9, 2017, and if
                                                BILLING CODE 9110–04–P                                  notice and opportunity to comment
                                                                                                                                                              necessary due to inclement weather,
                                                                                                        pursuant to authority under section 4(a)
                                                                                                        of the Administrative Procedure Act                   from 11 p.m. on April 9, 2017, until 1
                                                                                                        (APA) (5 U.S.C. 553(b)). This provision               a.m. on April 10, 2017. The safety zone
                                                DEPARTMENT OF HOMELAND
                                                                                                        authorizes an agency to issue a rule                  will cover all navigable waters of the
                                                SECURITY
                                                                                                        without prior notice and opportunity to               Patapsco River, Inner Harbor, from
                                                Coast Guard                                             comment when the agency for good                      shoreline to shoreline, within an area
                                                                                                        cause finds that those procedures are                 bounded on the east by longitude
                                                33 CFR Part 165                                         ‘‘impracticable, unnecessary, or contrary             076°36′12″ W., and bounded on the west
                                                                                                        to the public interest.’’ Under 5 U.S.C.              by the Inner Harbor west bulkhead,
                                                [Docket Number USCG–2017–0176]                                                                                located at Baltimore, MD. The duration
                                                                                                        553(b)(B), the Coast Guard finds that
                                                RIN 1625–AA00                                           good cause exists for not publishing a                of the zone is intended to ensure the
                                                                                                        notice of proposed rulemaking with                    safety of persons and vessels on the
                                                Safety Zone for Fireworks Display;                      respect to this rule because doing so                 specified navigable waters before,
                                                Patapsco River, Inner Harbor,                           would be impracticable and contrary to                during, and after the scheduled 11:59
                                                Baltimore, MD                                           the public interest. The event is                     p.m. fireworks display. No vessel or
                                                                                                        scheduled to take place on April 9th                  person will be permitted to enter the
                                                AGENCY:    Coast Guard, DHS.
                                                                                                        and the safety zone must be in effect on              safety zone without obtaining
                                                ACTION:   Temporary final rule.                                                                               permission from the COTP or a
                                                                                                        that date in order to serve its purpose of
                                                SUMMARY:   The Coast Guard is                           ensuring the safety of the public from                designated representative. The
                                                establishing a temporary safety zone for                hazards associated with the fireworks                 regulatory text appears at the end of this
                                                certain waters of the Patapsco River.                   display.                                              document.
                                                This action is necessary to provide for                    Under 5 U.S.C. 553(d)(3), the Coast                IV. Regulatory Analyses
                                                the safety of life on the navigable waters              Guard finds that good cause exists for
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                                                of the Inner Harbor at Baltimore, MD,                   making this temporary rule effective less               We developed this rule after
                                                during a fireworks display on April 8,                  than 30 days after publication in the                 considering numerous statutes and
                                                2017. This action will prohibit persons                 Federal Register because doing so                     Executive orders related to rulemaking.
                                                and vessels from entering the safety                    would be impracticable and contrary to                Below we summarize our analyses
                                                zone unless authorized by the Captain                   the public interest. Delaying the                     based on a number of these statutes and
                                                of the Port Maryland-National Capital                   effective date would be contrary to the               Executive orders and we discuss First
                                                Region or a designated representative.                  rule’s objectives of ensuring the safety of           Amendment rights of protestors.


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Document Created: 2017-04-01 09:36:15
Document Modified: 2017-04-01 09:36:15
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 165.929 will be enforced for safety zone (b)(2), Table 165.929, from 7:45 a.m. until 7:15 p.m. on April 8, 2017 and 7:45 a.m. until 12:15 p.m. on April 9, 2017.
ContactIf you have questions on this document, call or email marine event coordinator, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747-7148, email [email protected]
FR Citation82 FR 16111 
RIN Number1625-AA00

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