82 FR 16327 - Safety Zone; Fireworks Displays, Sector Key West, Florida

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 63 (April 4, 2017)

Page Range		16327-16329
FR Document		2017-06595

The Coast Guard proposes to establish safety zones for certain waters within the Sector Key West Captain of the Port (COTP) Zone. This action would establish safety zones around firework platforms, structures, or barges during the storage, preparation, and launching of fireworks. The proposed rule is necessary to provide for the safety of the participants, participant vessels, and the general public on the navigable waters of the United States during the fireworks displays. This proposed rule would allow the Coast Guard to restrict persons and vessels, except those participating in the event, from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the COTP Key West or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 63 (Tuesday, April 4, 2017)

[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Proposed Rules]
[Pages 16327-16329]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-06595]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0983]
RIN 1625-AA00

Safety Zone; Fireworks Displays, Sector Key West, Florida

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish safety zones for certain
waters within the Sector Key West Captain of the Port (COTP) Zone. This
action would establish safety zones around firework platforms,
structures, or barges during the storage, preparation, and launching of
fireworks. The proposed rule is necessary to provide for the safety of
the participants, participant vessels, and the general public on the
navigable waters of the United States during the fireworks displays.
This proposed rule would allow the Coast Guard to restrict persons and
vessels, except those participating in the event, from entering,
transiting through, anchoring in, or remaining within the regulated
area unless authorized by the COTP Key West or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before May 4, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0983 using the Federal e-Rulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rulemaking, call or email Lieutenant Scott Ledee, Waterways Management
Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305)
292-8768, email Scott.G.Ledee@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

This proposed rule would establish safety zones around firework
platforms, structures or barges within the Sector Key West COTP Zone
during the storage, preparation, and launching of fireworks. Hazards
from firework displays include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. The COTP
Key West has determined that potential hazards associated with
fireworks are a safety concern for anyone within a 500-yard radius of
the firework platforms, structures, or barges.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 500-yard radius of all firework
platforms, structures, or barges during the storage, preparation, and
launching of fireworks. The Coast Guard proposes this rulemaking under
authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

The Coast Guard proposes to establish safety zones on navigable
waters around firework platforms, structures, or barges within the COTP
Zone Key West, Florida. The safety zones would include all waters
within a 500-yard radius of all fireworks launching platforms,
structures, or barges while engaged in the storage, preparation, and
launching of fireworks.
The proposed rule seeks to enhance navigation safety and marine
environmental protection, reduce the potential for the loss of lives
and property, and ensure the safety of vessel and workers from hazards
associated with fireworks operations in the regulated area.
No vessel or person would be permitted to enter the safety zone
without obtaining permission from the COTP Key West or a designated
representative. The proposed regulatory text appears at the end of this
document.
Notice of enforcement and suspension of enforcement will be made by
all appropriate means to affect the widest distribution among the
affected segments of the public. Such means of notification may
include, but are not limited to, Broadcast Notice to Mariners, Local
Notice to Mariners, or notices on the U. S. Coast Guard Homeport Web
site.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

Executive Orders 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
Although this proposed rule may restrict access to small portions
of the waterway within the Sector Key West COTP Zone, the effect of
this regulation would not be significant for the following reasons: (1)
The safety zones would only be enforced during limited time intervals
while firework display operations present a hazard; (2) vessels may be
authorized to enter the regulated areas with permission of the COTP Key
West or a designated representative; and (3) advanced notification of
closures will be made via Local Notice to Mariners, Broadcast to
Mariners, and the U. S. Coast Guard Homeport Web site.

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

[[Page 16328]]

fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zones may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

This proposed rule would 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 Executive Order 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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves the
establishment of safety zones. Normally such actions are categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of
Commandant Instruction M16475.lD. A preliminary environmental analysis
checklist and 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 proposed 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.

V. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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 proposes
to amend 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. 165.785 to read as follows:

Sec. 165.785 Safety Zone; Fireworks Displays, Sector Key West,
Florida.

(a) Regulated area. The following area is established as a safety
zone during the specified conditions: All waters within the Sector Key
West COTP Zone within a 500-yard radius of all firework platforms,
structures or barges during

[[Page 16329]]

the storage, preparation, and launching of fireworks. COTP Key West or
a designated representative may reduce the 500-yard zone based on
prevailing conditions and enforcement needs.
(1) The Coast Guard realizes that some large scale events, such as
those with many participants or spectators, or those that could
severely restrict navigation pose a significant hazard, may still
require separate special local regulations or safety zones that address
the specific peculiarities of the event. In those situations, the Coast
Guard will create special local regulations or safety zones
specifically for the event, and those regulations will supersede the
proposed regulations in this rule.
(2) All firework platforms, structures, or barges will display a
sign on both the port and starboard sides labeled, ``FIREWORKS--STAY
AWAY''. This sign will consist of 10-inch high by 1.5-inch wide red
lettering on a white background. Shore fireworks sites that affect
navigable waterways will also display signs with the aforementioned
specifications.
(b) Definition. 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 COTP Key West in the
enforcement of the regulated area.
(c) Regulations.
(1) In accordance with Sec. 165.23, entering, transiting through,
anchoring in, or remaining within the safety zone during periods of
enforcement is prohibited unless authorized by the COTP Key West or a
designated representative.
(2) During periods of enforcement, upon being hailed by a Coast
Guard vessel by siren, radio, flashing light or other means, the
operator must proceed as directed.
(3) Vessel operators desiring to enter, transit through, anchor in,
or remain or operate within the regulated area during the enforcement
period shall contact the COTP Key West or the designated on-scene
representative via VHF channel 16 or call the Sector Key West Command
Center at (305) 292-8727 to obtain permission.
(d) Notice of enforcement or suspension of enforcement. The safety
zone established by this section will be enforced only upon notice of
the Captain of the Port. The Captain of the Port will cause notice of
enforcement of the safety zone established by this section to be made
by all appropriate means to the affected segments of the public
including publication in the Federal Register as practicable, in
accordance with 33 CFR 165.7(a). Such means of notification may also
include, but are not limited to Broadcast Notice to Mariners or Local
Notice to Mariners.

Dated: March 28, 2017.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2017-06595 Filed 4-3-17; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules 16327

• Whether ONRR should have a SUPPLEMENTARY INFORMATION section for COTP Key West or a designated
default provision clarifying how ONRR further instructions on submitting representative. The proposed regulatory
will exercise Secretarial authority to comments. text appears at the end of this
determine value for royalty purposes in FOR FURTHER INFORMATION CONTACT: If document.
cases where there is misconduct, breach you have questions on this proposed Notice of enforcement and suspension
of duty to market, or ONRR cannot rulemaking, call or email Lieutenant of enforcement will be made by all
otherwise verify value. Other potential Scott Ledee, Waterways Management appropriate means to affect the widest
valuation methods or necessary changes Division Chief, Sector Key West, FL, distribution among the affected
to ONRR valuation regulations. U.S. Coast Guard; telephone (305) 292– segments of the public. Such means of
ONRR appreciates your participation 8768, email Scott.G.Ledee@uscg.mil. notification may include, but are not
and looks forward to receiving your limited to, Broadcast Notice to Mariners,
SUPPLEMENTARY INFORMATION:
comments. Local Notice to Mariners, or notices on
Dated: March 30, 2017. I. Table of Abbreviations the U. S. Coast Guard Homeport Web
site.
Amy Holley, COTP Captain of the Port
Acting Assistant Secretary for Policy, CFR Code of Federal Regulations IV. Regulatory Analyses
Management and Budget. DHS Department of Homeland Security
FR Federal Register We developed this proposed rule after
[FR Doc. 2017–06600 Filed 4–3–17; 8:45 am] considering numerous statutes and
NPRM Notice of proposed rulemaking
BILLING CODE 4335–30–P § Section executive orders related to rulemaking.
U.S.C. United States Code Below we summarize our analyses
based on a number of these statutes and
II. Background, Purpose, and Legal executive orders and we discuss First
DEPARTMENT OF HOMELAND
Basis Amendment rights of protestors.
SECURITY
This proposed rule would establish
Coast Guard safety zones around firework platforms, A. Regulatory Planning and Review
structures or barges within the Sector Executive Orders 12866 and 13563
33 CFR Part 165 Key West COTP Zone during the direct agencies to assess the costs and
storage, preparation, and launching of benefits of available regulatory
[Docket Number USCG–2016–0983]
fireworks. Hazards from firework alternatives and, if regulation is
RIN 1625–AA00 displays include accidental discharge of necessary, to select regulatory
fireworks, dangerous projectiles, and approaches that maximize net benefits.
Safety Zone; Fireworks Displays, falling hot embers or other debris. The Executive Order 13563 emphasizes the
Sector Key West, Florida COTP Key West has determined that importance of quantifying both costs
AGENCY: Coast Guard, DHS. potential hazards associated with and benefits, of reducing costs, of
fireworks are a safety concern for harmonizing rules, and of promoting
ACTION: Notice of proposed rulemaking. flexibility. This NPRM has not been
anyone within a 500-yard radius of the
SUMMARY: The Coast Guard proposes to firework platforms, structures, or barges. designated a ‘‘significant regulatory
establish safety zones for certain waters The purpose of this rulemaking is to action,’’ under Executive Order 12866.
within the Sector Key West Captain of ensure the safety of vessels and the Accordingly, the NPRM has not been
the Port (COTP) Zone. This action navigable waters within a 500-yard reviewed by the Office of Management
would establish safety zones around radius of all firework platforms, and Budget.
firework platforms, structures, or barges structures, or barges during the storage, Although this proposed rule may
during the storage, preparation, and preparation, and launching of fireworks. restrict access to small portions of the
launching of fireworks. The proposed The Coast Guard proposes this waterway within the Sector Key West
rule is necessary to provide for the rulemaking under authority in 33 U.S.C. COTP Zone, the effect of this regulation
safety of the participants, participant 1231. would not be significant for the
vessels, and the general public on the following reasons: (1) The safety zones
III. Discussion of Proposed Rule would only be enforced during limited
navigable waters of the United States
The Coast Guard proposes to establish time intervals while firework display
during the fireworks displays. This
safety zones on navigable waters around operations present a hazard; (2) vessels
proposed rule would allow the Coast
firework platforms, structures, or barges may be authorized to enter the regulated
Guard to restrict persons and vessels,
within the COTP Zone Key West, areas with permission of the COTP Key
except those participating in the event,
Florida. The safety zones would include West or a designated representative; and
from entering, transiting through,
all waters within a 500-yard radius of all (3) advanced notification of closures
anchoring in, or remaining within the
fireworks launching platforms, will be made via Local Notice to
regulated area unless authorized by the
structures, or barges while engaged in Mariners, Broadcast to Mariners, and
COTP Key West or a designated
the storage, preparation, and launching the U. S. Coast Guard Homeport Web
representative. We invite your
of fireworks. site.
comments on this proposed rulemaking.
The proposed rule seeks to enhance
DATES: Comments and related material navigation safety and marine B. Impact on Small Entities
must be received by the Coast Guard on environmental protection, reduce the The Regulatory Flexibility Act of
nlaroche on DSK30NT082PROD with PROPOSALS

or before May 4, 2017. potential for the loss of lives and 1980, 5 U.S.C. 601–612, as amended,
ADDRESSES: You may submit comments property, and ensure the safety of vessel requires Federal agencies to consider
identified by docket number USCG– and workers from hazards associated the potential impact of regulations on
2016–0983 using the Federal with fireworks operations in the small entities during rulemaking. The
e-Rulemaking Portal at http:// regulated area. term ‘‘small entities’’ comprises small
www.regulations.gov. See the ‘‘Public No vessel or person would be businesses, not-for-profit organizations
Participation and Request for permitted to enter the safety zone that are independently owned and
Comments’’ portion of the without obtaining permission from the operated and are not dominant in their

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Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules 16329

the storage, preparation, and launching Federal Register as practicable, in nitrogen oxides (NOX) and sulfur
of fireworks. COTP Key West or a accordance with 33 CFR 165.7(a). Such dioxide (SO2). See 40 CFR part 60
designated representative may reduce means of notification may also include, subparts D, Da. In 2015, the EPA issued
the 500-yard zone based on prevailing but are not limited to Broadcast Notice a rule that for the first time set carbon
conditions and enforcement needs. to Mariners or Local Notice to Mariners. dioxide emission limits for new fossil
(1) The Coast Guard realizes that some Dated: March 28, 2017. fuel-fired power plants. Standards of
large scale events, such as those with Performance for Greenhouse Gas
J.A. Janszen,
many participants or spectators, or those Emissions From New, Modified, and
that could severely restrict navigation Captain, U.S. Coast Guard, Captain of the
Reconstructed Stationary Sources:
Port Key West.
pose a significant hazard, may still Electric Generating Units, 80 FR 64510
require separate special local [FR Doc. 2017–06595 Filed 4–3–17; 8:45 am]
(October 23, 2015). Under certain
regulations or safety zones that address BILLING CODE 9110–04–P circumstances, when the EPA issues
the specific peculiarities of the event. In standards for new sources under Section
those situations, the Coast Guard will 111(b), the EPA has the authority under
create special local regulations or safety ENVIRONMENTAL PROTECTION Section 111(d), to prescribe regulations
zones specifically for the event, and AGENCY under which each State is to submit a
those regulations will supersede the plan to establish standards for existing
proposed regulations in this rule. 40 CFR Part 60 sources in the same category. The EPA
(2) All firework platforms, structures, [FRL–9961–11–OAR] relied on that authority to issue the CPP,
or barges will display a sign on both the which, for the first time, required States
port and starboard sides labeled, Review of the Clean Power Plan to submit plans specifically designed to
‘‘FIREWORKS—STAY AWAY’’. This limit carbon dioxide emissions from
sign will consist of 10-inch high by 1.5- AGENCY: Environmental Protection
existing fossil fuel-fired power plants.
inch wide red lettering on a white Agency (EPA).
As part of the promulgation of the CPP,
background. Shore fireworks sites that ACTION: Announcement of review.
EPA prepared a legal memorandum that
affect navigable waterways will also SUMMARY: The U.S. Environmental supplemented the legal analysis
display signs with the aforementioned Protection Agency (EPA) announces that provided by the Agency in the preamble
specifications. it is reviewing and, if appropriate will to the final CPP.
(b) Definition. Designated initiate proceedings to suspend, revise Due to concerns about EPA’s legal
representative means Coast Guard Patrol or rescind the Clean Power Plan. authority and record, 27 States and a
Commanders, including Coast Guard number of other parties sought judicial
DATES: April 4, 2017.
coxswains, petty officers, and other review of the CPP in the D.C. Circuit.
officers operating Coast Guard vessels, FOR FURTHER INFORMATION CONTACT: Mr. State of West Virginia v. EPA, No. 15–
and Federal, state, and local officers Peter Tsirigotis, Sector Policies and 1363 (and consolidated cases) (D.C.
designated by or assisting the COTP Key Programs Division (D205–01), U.S. Cir.). On February 9, 2016, the Supreme
West in the enforcement of the regulated Environmental Protection Agency, Court stayed implementation of the CPP
area. Research Triangle Park, NC 27711; pending judicial review. Following full
(c) Regulations. telephone number: (888) 627–7764; merits briefing, oral argument was held
(1) In accordance with § 165.23, email address: airaction@epa.gov. before the D.C. Circuit, sitting en banc,
entering, transiting through, anchoring SUPPLEMENTARY INFORMATION: By this on September 27, 2016. That case is
in, or remaining within the safety zone notice, EPA announces it is reviewing currently pending in the D.C. Circuit.
during periods of enforcement is the Clean Power Plan, 80 FR 64662
prohibited unless authorized by the (October 23, 2015) (CPP), including the II. Initiation of Review of CPP
COTP Key West or a designated accompanying Legal Memorandum, On March 28, 2017, President Trump
representative. and, if appropriate, will as soon as issued an Executive Order establishing
(2) During periods of enforcement, practicable and consistent with law, a national policy in favor of energy
upon being hailed by a Coast Guard initiate proceedings to suspend, revise independence, economic growth, and
vessel by siren, radio, flashing light or or rescind this rule. The CPP established the rule of law. The purpose of that
other means, the operator must proceed emission guidelines for state plans to Executive Order is to facilitate the
as directed. limit carbon dioxide emissions from development of U.S. energy resources—
(3) Vessel operators desiring to enter, existing fossil fuel-fired power plants. including oil and gas—and to reduce
transit through, anchor in, or remain or unnecessary regulatory burdens
operate within the regulated area during I. Background associated with the development of
the enforcement period shall contact the The CPP was promulgated under those resources. The President has
COTP Key West or the designated on- Section 111 of the Clean Air Act. 42 directed agencies to review existing
scene representative via VHF channel U.S.C. 7411. Section 111 of the Clean regulations that potentially burden the
16 or call the Sector Key West Air Act authorizes the EPA to issue development of domestic energy
Command Center at (305) 292–8727 to nationally applicable New Source resources, and appropriately suspend,
obtain permission. Performance Standards (NSPS) limiting revise, or rescind regulations that
(d) Notice of enforcement or air pollution from ‘‘new sources’’ in unduly burden the development of U.S.
suspension of enforcement. The safety source categories that cause or energy resources beyond what is
nlaroche on DSK30NT082PROD with PROPOSALS

zone established by this section will be contribute to air pollution that may necessary to protect the public interest
enforced only upon notice of the reasonably be anticipated to endanger or otherwise comply with the law. The
Captain of the Port. The Captain of the public health or welfare. 42 U.S.C. Executive Order also directs agencies to
Port will cause notice of enforcement of Section 7411(b)(1). Under this authority, take appropriate actions, to the extent
the safety zone established by this the EPA had long regulated new fossil permitted by law, to promote clean air
section to be made by all appropriate fuel-fired power plants to limit air and clean water while also respecting
means to the affected segments of the pollution other than carbon dioxide, the proper roles of Congress and the
public including publication in the including particulate matter (PM); States. This Executive Order specifically

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Document Created: 2017-04-03 23:54:03
Document Modified: 2017-04-03 23:54:03

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		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before May 4, 2017.
Contact		If you have questions on this proposed rulemaking, call or email Lieutenant Scott Ledee, Waterways Management Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 292-8768, email [email protected]
FR Citation		82 FR 16327
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 16327 - Safety Zone; Fireworks Displays, Sector Key West, Florida

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 63 (April 4, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard