82 FR 31454 - Safety Zone; Annual Event in the Captain of the Port Buffalo Zone-Brewerton Fireworks
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 129 (July 7, 2017)
Coast Guard
Federal Register Volume 82, Issue 129 (July 7, 2017)
| Page Range | 31454-31455 | |
| FR Document | 2017-14307 |
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)] [Rules and Regulations] [Pages 31454-31455] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14307] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2017-0642] Safety Zone; Annual Event in the Captain of the Port Buffalo Zone--Brewerton Fireworks AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. ----------------------------------------------------------------------- SUMMARY: The Coast Guard will enforce a safety zone for the Brewerton Fireworks, Oneida Lake, Brewerton, NY. This action is necessary and intended for the safety of life and property on navigable waters during this event. During the enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo. DATES: The regulation in 33 CFR 165.939(a)(8) will be enforced on July 3, 2017, with a rain date of July 8, 2017, from 9 p.m. to 10:30 p.m. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo, 1 Fuhrmann Blvd., Buffalo, NY 14203; telephone 716-843-9322, email [email protected]. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zone; Annual Event in the Captain of the Port Buffalo Zone listed in 33 CFR 165.939(a)(8) for the following event: [[Page 31455]] (1) Brewerton Fireworks, Brewerton, NY; The safety zone listed in 33 CFR 165.939(a)(8) will be enforced on July 3, 2017, with a rain date of July 8, 2017, from 9 p.m. to 10:30 p.m. within a 420 foot radius of the barge located at position 43[deg]14'18.32'' N., 076[deg]8'1.90'' W. (NAD83). Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring within the safety zone during an enforcement period is prohibited unless authorized by the Captain of the Port Buffalo or his designated representative. Those seeking permission to enter the safety zone may request permission from the Captain of Port Buffalo via channel 16, VHF-FM. Vessels and persons granted permission to enter the safety zone shall obey the directions of the Captain of the Port Buffalo or his designated representative. While within a safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. This notice of enforcement is issued under authority of 33 CFR 165.939 and 5 U.S.C. 552(a). In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via Broadcast Notice to Mariners or Local Notice to Mariners. If the Captain of the Port Buffalo determines that the safety zone need not be enforced for the full duration stated in this notice he or she may use a Broadcast Notice to Mariners to grant general permission to enter the respective safety zone. Dated: July 3, 2017. J.S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2017-14307 Filed 7-3-17; 4:15 pm] BILLING CODE 9110-04-P
![31454 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
D. Federalism and Indian Tribal available in the docket where indicated petty officer who has been designated
Governments in the ADDRESSES section of this by the Captain of the Port Buffalo to act
A rule has implications for federalism preamble. on his behalf.
(4) Vessel operators desiring to enter
under Executive Order 13132, G. Protest Activities or operate within the safety zone must
Federalism, if it has a substantial direct
The Coast Guard respects the First contact the Captain of the Port Buffalo
effect on the States, on the relationship
Amendment rights of protesters. or his on-scene representative to obtain
between the national government and
Protesters are asked to contact the permission to do so. The Captain of the
the States, or on the distribution of
person listed in the FOR FURTHER Port Buffalo or his on-scene
power and responsibilities among the
INFORMATION CONTACT section to representative may be contacted via
various levels of government. We have
coordinate protest activities so that your VHF Channel 16. Vessel operators given
analyzed this rule under that Order and
message can be received without permission to enter or operate in the
have determined that it is consistent
jeopardizing the safety or security of safety zone must comply with all
with the fundamental federalism
people, places or vessels. directions given to them by the Captain
principles and preemption requirements
of the Port Buffalo, or his on-scene
described in Executive Order 13132. List of Subjects in 33 CFR Part 165
representative.
Also, this rule does not have tribal Harbors, Marine safety, Navigation
implications under Executive Order Dated: June 26, 2017.
(water), Reporting and record keeping
13175, Consultation and Coordination J.S. Dufresne,
requirements, Security measures,
with Indian Tribal Governments, Waterways. Captain, U.S. Coast Guard, Captain of the
because it does not have a substantial Port Buffalo.
For the reasons discussed in the
direct effect on one or more Indian [FR Doc. 2017–14258 Filed 7–6–17; 8:45 am]
preamble, the Coast Guard amends 33
tribes, on the relationship between the BILLING CODE 9110–04–P
CFR part 165 as follows:
Federal Government and Indian tribes,
or on the distribution of power and PART 165—REGULATED NAVIGATION
responsibilities between the Federal AREAS AND LIMITED ACCESS AREAS DEPARTMENT OF HOMELAND
Government and Indian tribes. If you SECURITY
believe this rule has implications for ■ 1. The authority citation for part 165
federalism or Indian tribes, please continues to read as follows: Coast Guard
contact the person listed in the FOR Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
FURTHER INFORMATION CONTACT section 33 CFR Part 165
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
above. Department of Homeland Security Delegation [Docket No. USCG–2017–0642]
E. Unfunded Mandates Reform Act No. 0170.1.
■ 2. Add § 165.T09–0359 to read as Safety Zone; Annual Event in the
The Unfunded Mandates Reform Act follows: Captain of the Port Buffalo Zone—
of 1995 (2 U.S.C. 1531–1538) requires Brewerton Fireworks
Federal agencies to assess the effects of § 165.T09–0359 Safety Zone; Oswego
their discretionary regulatory actions. In Harborfest 2017 Breakwall and Barge AGENCY: Coast Guard, DHS.
particular, the Act addresses actions Fireworks; Oswego Harbor, Oswego, NY. ACTION: Notice of enforcement of
that may result in the expenditure by a (a) Location. This zone will regulation.
State, local, or tribal government, in the encompass all waters of the Oswego SUMMARY: The Coast Guard will enforce
aggregate, or by the private sector of Harbor, Oswego, NY contained within a a safety zone for the Brewerton
$100,000,000 (adjusted for inflation) or 700-foot radius of position 43°28′06″ N., Fireworks, Oneida Lake, Brewerton, NY.
more in any one year. Though this rule 076°31′07″ W. along with a 350-foot This action is necessary and intended
will not result in such an expenditure, radius of the breakwall between for the safety of life and property on
we do discuss the effects of this rule positions 43°27′54″ N., 076°31′24″ W. navigable waters during this event.
elsewhere in this preamble. then northeast to 43°27′59″ N., During the enforcement period, no
076°31′12″ W. (NAD 83). person or vessel may enter the
F. Environment
(b) Enforcement period. This respective safety zone without the
We have analyzed this rule under regulation will be enforced from 9:15 permission of the Captain of the Port
Department of Homeland Security p.m. until 10:45 p.m. on July 29, 2017, Buffalo.
Management Directive 023–01 and or in the event of inclement weather, on
Commandant Instruction M16475.lD, July 30, 2017, from 9:15 p.m. until 10:45 DATES: The regulation in 33 CFR
which guide the Coast Guard in p.m. 165.939(a)(8) will be enforced on July 3,
complying with the National (c) Regulations. (1) In accordance with 2017, with a rain date of July 8, 2017,
Environmental Policy Act of 1969 (42 the general regulations in § 165.23 of from 9 p.m. to 10:30 p.m.
U.S.C. 4321–4370f), and have this part, entry into, transiting, or FOR FURTHER INFORMATION CONTACT: If
determined that it is one of a category anchoring within this safety zone is you have questions about this notice of
of actions that do not individually or prohibited unless authorized by the enforcement, call or email LT Michael
cumulatively have a significant effect on Captain of the Port Buffalo or his Collet, Chief of Waterways Management,
the human environment. This rule designated on-scene representative. U.S. Coast Guard Sector Buffalo, 1
asabaliauskas on DSKBBXCHB2PROD with RULES
establishes a safety zone to ensure the (2) This safety zone is closed to all Fuhrmann Blvd., Buffalo, NY 14203;
safety of spectators or public in the area. vessel traffic, except as may be telephone 716–843–9322, email
It is categorically excluded under permitted by the Captain of the Port SectorBuffaloMarineSafety@uscg.mil.
section 2.B.2, figure 2–1, paragraph Buffalo or his designated on-scene SUPPLEMENTARY INFORMATION: The Coast
34(g) of the Instruction, which pertains representative. Guard will enforce the Safety Zone;
to establishment of safety zones. A (3) The ‘‘on-scene representative’’ of Annual Event in the Captain of the Port
Record of Environmental Consideration the Captain of the Port Buffalo is any Buffalo Zone listed in 33 CFR
(REC) supporting this determination is Coast Guard commissioned, warrant or 165.939(a)(8) for the following event:
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![Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations 31455
(1) Brewerton Fireworks, Brewerton, Port Huron, MI. This zone is necessary III. Legal Authority and Need for Rule
NY; The safety zone listed in 33 CFR to protect spectators and vessels from The Coast Guard is issuing this rule
165.939(a)(8) will be enforced on July 3, potential hazards associated with the under authority in 33 U.S.C. 1231. The
2017, with a rain date of July 8, 2017, Port Huron Blue Water Fest Fireworks. Captain of the Port Detroit (COTP) has
from 9 p.m. to 10:30 p.m. within a 420 Entry of vessels or persons into this determined that potential hazard
foot radius of the barge located at zone is prohibited unless specifically associated with fireworks from 10 p.m.
position 43°14′18.32″ N., 076°8′1.90″ W. authorized by the Captain of the Port to 10:20 p.m. on July 20, 2017 will be
(NAD83). Detroit. a safety concern to anyone within a 420-
Pursuant to 33 CFR 165.23, entry into, foot radius of the launch site. This rule
transiting, or anchoring within the DATES: This temporary final rule is
effective from 10 p.m. on July 20, 2017, is needed to protect personnel, vessels,
safety zone during an enforcement and the marine environment in the
period is prohibited unless authorized through 10:20 p.m. on July 21, 2017.
navigable waters within the safety zone
by the Captain of the Port Buffalo or his ADDRESSES: To view documents while the fireworks are being displayed.
designated representative. Those mentioned in this preamble as being
seeking permission to enter the safety available in the docket, go to http:// IV. Discussion of the Rule
zone may request permission from the www.regulations.gov, type USCG–2017– This rule establishes a safety zone
Captain of Port Buffalo via channel 16, 0500 in the ‘‘SEARCH’’ box and click from 10 p.m. through 10:20 p.m. on July
VHF–FM. Vessels and persons granted ‘‘SEARCH.’’ Click on Open Docket 20, 2017. In the event of inclement
permission to enter the safety zone shall Folder on the line associated with this weather the regulated area will be
obey the directions of the Captain of the rule. enforced from 10 p.m. through 10:20
Port Buffalo or his designated FOR FURTHER INFORMATION CONTACT: If p.m. on July 21, 2017. The safety zone
representative. While within a safety you have questions on this temporary will encompass all U.S. navigable
zone, all vessels shall operate at the rule, call or email Tracy Girard, waters of the St. Clair River, Port Huron,
minimum speed necessary to maintain a Prevention Department, Sector Detroit, MI, within a 420-foot radius of position
safe course. Coast Guard; telephone 313–568–9564, 42°58.846′ N., 082°25.201′ W. (NAD 83).
This notice of enforcement is issued or email Tracy.M.Girard@uscg.mil. No vessel or person will be permitted to
under authority of 33 CFR 165.939 and enter the safety zone without obtaining
5 U.S.C. 552(a). In addition to this SUPPLEMENTARY INFORMATION: permission from the COTP or a
notice of enforcement in the Federal I. Table of Abbreviations designated representative.
Register, the Coast Guard will provide
CFR Code of Federal Regulations V. Regulatory Analyses
the maritime community with advance
DHS Department of Homeland Security We developed this rule after
notification of this enforcement period FR Federal Register
via Broadcast Notice to Mariners or considering numerous statutes and
NPRM Notice of Proposed Rulemaking
Local Notice to Mariners. If the Captain § Section
executive orders related to rulemaking.
of the Port Buffalo determines that the U.S.C. United States Code Below we summarize our analyses
safety zone need not be enforced for the based on these statutes and executive
full duration stated in this notice he or II. Background Information and orders.
she may use a Broadcast Notice to Regulatory History
A. Regulatory Planning and Review
Mariners to grant general permission to The Coast Guard is issuing this Executive Orders 12866 and 13563
enter the respective safety zone. temporary rule without prior notice and direct agencies to assess the costs and
Dated: July 3, 2017. opportunity to comment pursuant to benefits of available regulatory
J.S. Dufresne, authority under section 4(a) of the alternatives and, if regulation is
Captain, U.S. Coast Guard, Captain of the Administrative Procedure Act (APA) (5 necessary, to select regulatory
Port Buffalo. U.S.C. 553(b)). This provision approaches that maximize net benefits.
[FR Doc. 2017–14307 Filed 7–3–17; 4:15 pm]
authorizes an agency to issue a rule Executive Order 13563 emphasizes the
without prior notice and opportunity to importance of quantifying both costs
BILLING CODE 9110–04–P
comment when the agency for good and benefits, of reducing costs, of
cause finds that those procedures are harmonizing rules, and of promoting
DEPARTMENT OF HOMELAND ‘‘impracticable, unnecessary, or contrary flexibility. Executive Order 13771
SECURITY to the public interest.’’ Under 5 U.S.C. (‘‘Reducing Regulation and Controlling
553(b) (B), the Coast Guard finds that Regulatory Costs’’), directs agencies to
Coast Guard good cause exists for not publishing a reduce regulation and control regulatory
notice of proposed rulemaking (NPRM) costs and provides that ‘‘for every one
33 CFR Part 165 with respect to this rule because doing new regulation issued, at least two prior
so would be impracticable. The Coast regulations be identified for elimination,
[Docket No. USCG–2017–0500]
Guard did not receive the final details and that the cost of planned regulations
RIN 1625–AA00 of this fireworks display until there was be prudently managed and controlled
insufficient time remaining before the through a budgeting process.’’ This rule
Safety Zone; Port Huron Blue Water event to publish an NPRM. has not been designated a ‘‘significant
Fest Fireworks, St. Clair River, Port We are issuing this rule, and under 5 regulatory action,’’ under Executive
asabaliauskas on DSKBBXCHB2PROD with RULES
Huron, MI U.S.C. 553(d)(3), the Coast Guard finds Order 12866. Accordingly, it has not
AGENCY: Coast Guard, DHS. that good cause exists for making this been reviewed by the Office of
ACTION: Temporary final rule. temporary rule effective less than 30 Management and Budget.
days after publication in the Federal As this rule is not a significant
SUMMARY: The Coast Guard is Register. For the same reasons regulatory action, this rule is exempt
establishing a temporary safety zone for discussed in the preceding paragraph, from the requirements of Executive
navigable waters within a 420-foot waiting for a 30 day notice period to run Order 13771. See OMB’s Memorandum
radius of a portion of the St. Clair River, would be impracticable. titled ‘‘Interim Guidance Implementing
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Document Created: 2017-07-07 02:20:10
Document Modified: 2017-07-07 02:20:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of enforcement of regulation. | |
| Dates | The regulation in 33 CFR 165.939(a)(8) will be enforced on July 3, 2017, with a rain date of July 8, 2017, from 9 p.m. to 10:30 p.m. | |
| Contact | If you have questions about this notice of enforcement, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo, 1 Fuhrmann Blvd., Buffalo, NY 14203; telephone 716-843-9322, email [email protected] | |
| FR Citation | 82 FR 31454 |
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