82_FR_32379 82 FR 32246 - Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Sturgeon Bay Yacht Club Evening on the Bay Fireworks

82 FR 32246 - Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Sturgeon Bay Yacht Club Evening on the Bay Fireworks

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 133 (July 13, 2017)

Page Range32246-32247
FR Document2017-14688

The Coast Guard will enforce the safety zone for the Sturgeon Bay Yacht Club Evening on the Bay Fireworks on the Sturgeon Bay Ship Canal in Sturgeon Bay, WI from 8:30 p.m. through 10:30 p.m. on August 12, 2017. This action is necessary and intended to ensure safety of life on navigable waters immediately prior to, during, and after the fireworks display. During the enforcement period, entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or a designated on- scene representative.

Federal Register, Volume 82 Issue 133 (Thursday, July 13, 2017)
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Rules and Regulations]
[Pages 32246-32247]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14688]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0631]


Safety Zone; Annual Events Requiring Safety Zones in the Captain 
of the Port Lake Michigan Zone-Sturgeon Bay Yacht Club Evening on the 
Bay Fireworks

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the Sturgeon 
Bay Yacht Club Evening on the Bay Fireworks on the Sturgeon Bay Ship 
Canal in Sturgeon Bay, WI from 8:30 p.m. through 10:30 p.m. on August 
12, 2017. This action is necessary and intended to ensure safety of 
life on navigable waters immediately prior to, during, and after the 
fireworks display. During the enforcement period, entry into, 
transiting, or anchoring within the safety zone is prohibited unless 
authorized by the Captain of the Port Lake Michigan or a designated on-
scene representative.

DATES: The regulations in 33 CFR 165.929 will be enforced for the 
safety zone listed in item (f)(4) of Table 165.929 from 8:30 p.m. 
through 10:30 p.m. on August 12, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email marine event coordinator, MST1 
Kaleena Carpino, Prevention Department, Coast Guard Sector Lake 
Michigan, Milwaukee, WI; telephone (414) 747-7148, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Sturgeon 
Bay Yacht Club Evening on the Bay Fireworks safety zone listed as item 
(f)(4) in Table 165.929 of 33 CFR 165.929 from 8:30 p.m. through 10:30 
p.m. on August 12, 2017 on all waters of the Sturgeon Bay Ship Canal 
within the arc of a circle with a 500-foot radius from a center point 
launch position at 44[deg]49.297' N., 087[deg]21.447' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Lake Michigan 
or a designated on-scene representative. The Captain of the Port Lake 
Michigan or a representative may be contacted at 414-747-7182 or via 
Channel 16, VHF-FM.
    This notice of enforcement 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 safety zone via Broadcast Notice to Mariners or 
Local Notice to Mariners. The Captain of the Port Lake Michigan or a 
representative may be contacted at 414-747-7182 or via Channel 16, VHF-
FM.


[[Page 32247]]


    Dated: July 6, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2017-14688 Filed 7-12-17; 8:45 am]
BILLING CODE 9110-04-P



                                                32246              Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations

                                                State, local, or tribal government, in the               River and Oswego Harbor contained                     Yacht Club Evening on the Bay
                                                aggregate, or by the private sector of                   within a 150 foot radius around groups                Fireworks on the Sturgeon Bay Ship
                                                $100,000,000 (adjusted for inflation) or                 of participant paddle craft starting at               Canal in Sturgeon Bay, WI from 8:30
                                                more in any one year. Though this rule                   position 43°20′08″ N., 076°24′58″ W.                  p.m. through 10:30 p.m. on August 12,
                                                will not result in such an expenditure,                  and traveling northwest to position                   2017. This action is necessary and
                                                we do discuss the effects of this rule                   43°27′44.2″ N., 076°30′54.9″ W. (NAD                  intended to ensure safety of life on
                                                elsewhere in this preamble.                              83).                                                  navigable waters immediately prior to,
                                                                                                           (b) Enforcement period. This                        during, and after the fireworks display.
                                                F. Environment                                           regulation will be enforced on July 22,               During the enforcement period, entry
                                                  We have analyzed this rule under                       2017 7:45 a.m. until 5:15 p.m.                        into, transiting, or anchoring within the
                                                Department of Homeland Security                            (c) Regulations. (1) In accordance with
                                                                                                         the general regulations in § 165.23, entry            safety zone is prohibited unless
                                                Management Directive 023–01 and
                                                Commandant Instruction M16475.lD,                        into, transiting, or anchoring within this            authorized by the Captain of the Port
                                                which guide the Coast Guard in                           safety zone is prohibited unless                      Lake Michigan or a designated on-scene
                                                complying with the National                              authorized by the Captain of the Port                 representative.
                                                Environmental Policy Act of 1969 (42                     Buffalo or his designated on-scene                    DATES: The regulations in 33 CFR
                                                U.S.C. 4321–4370f), and have                             representative.                                       165.929 will be enforced for the safety
                                                determined that it is one of a category                    (2) This safety zone is closed to all               zone listed in item (f)(4) of Table
                                                of actions that do not individually or                   vessel traffic, except as may be                      165.929 from 8:30 p.m. through 10:30
                                                cumulatively have a significant effect on                permitted by the Captain of the Port                  p.m. on August 12, 2017.
                                                the human environment. This rule                         Buffalo or his designated on-scene
                                                establishes a temporary safety zone. It is               representative.                                       FOR FURTHER INFORMATION CONTACT:   If
                                                categorically excluded under section                       (3) The ‘‘on-scene representative’’ of              you have questions about this notice of
                                                2.B.2, figure 2–1, paragraph 34(g) of the                the Captain of the Port Buffalo is any                enforcement, call or email marine event
                                                Instruction, which pertains to                           Coast Guard commissioned, warrant or                  coordinator, MST1 Kaleena Carpino,
                                                establishment of safety zones. A Record                  petty officer who has been designated                 Prevention Department, Coast Guard
                                                of Environmental Consideration (REC)                     by the Captain of the Port Buffalo to act             Sector Lake Michigan, Milwaukee, WI;
                                                supporting this determination is                         on his behalf.                                        telephone (414) 747–7148, email D09-
                                                available in the docket where indicated                    (4) Vessel operators desiring to enter              SMB-SECLakeMichigan-WWM@
                                                in the ADDRESSES section of this                         or operate within the safety zone must                uscg.mil.
                                                preamble.                                                contact the Captain of the Port Buffalo
                                                                                                         or his on-scene representative to obtain              SUPPLEMENTARY INFORMATION:       The Coast
                                                G. Protest Activities                                    permission to do so. The Captain of the               Guard will enforce the Sturgeon Bay
                                                  The Coast Guard respects the First                     Port Buffalo or his on-scene                          Yacht Club Evening on the Bay
                                                Amendment rights of protesters.                          representative may be contacted via                   Fireworks safety zone listed as item
                                                Protesters are asked to contact the                      VHF Channel 16. Vessel operators given                (f)(4) in Table 165.929 of 33 CFR
                                                person listed in the FOR FURTHER                         permission to enter or operate in the                 165.929 from 8:30 p.m. through 10:30
                                                INFORMATION CONTACT section to                           safety zone must comply with all                      p.m. on August 12, 2017 on all waters
                                                coordinate protest activities so that your               directions given to them by the Captain               of the Sturgeon Bay Ship Canal within
                                                message can be received without                          of the Port Buffalo, or his on-scene
                                                                                                                                                               the arc of a circle with a 500-foot radius
                                                jeopardizing the safety or security of                   representative.
                                                                                                                                                               from a center point launch position at
                                                people, places or vessels.                                  Dated: July 6, 2017.                               44°49.297′ N., 087°21.447′ W. (NAD 83).
                                                List of Subjects in 33 CFR Part 165                      J.S. Dufresne,
                                                                                                                                                                  Entry into, transiting, or anchoring
                                                                                                         Captain, U.S. Coast Guard, Captain of the
                                                  Harbors, Marine safety, Navigation                     Port Buffalo.
                                                                                                                                                               within the safety zone is prohibited
                                                (water), Reporting and recordkeeping                                                                           unless authorized by the Captain of the
                                                                                                         [FR Doc. 2017–14691 Filed 7–12–17; 8:45 am]
                                                requirements, Security measures,                                                                               Port Lake Michigan or a designated on-
                                                                                                         BILLING CODE 9110–04–P
                                                Waterways.                                                                                                     scene representative. The Captain of the
                                                  For the reasons discussed in the                                                                             Port Lake Michigan or a representative
                                                preamble, the Coast Guard amends 33                      DEPARTMENT OF HOMELAND                                may be contacted at 414–747–7182 or
                                                CFR part 165 as follows:                                 SECURITY                                              via Channel 16, VHF–FM.
                                                                                                                                                                  This notice of enforcement is issued
                                                PART 165—REGULATED NAVIGATION                            Coast Guard                                           under authority of 33 CFR 165.929,
                                                AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                               Safety Zones; Annual events requiring
                                                                                                         33 CFR Part 165
                                                ■ 1. The authority citation for part 165                                                                       safety zones in the Captain of the Port
                                                continues to read as follows:                            [Docket No. USCG–2017–0631]                           Lake Michigan zone, and 5 U.S.C.
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                                                                               552(a). In addition to this publication in
                                                                                                         Safety Zone; Annual Events Requiring                  the Federal Register, the Coast Guard
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                Safety Zones in the Captain of the Port
                                                Department of Homeland Security Delegation                                                                     plans to provide the maritime
                                                                                                         Lake Michigan Zone-Sturgeon Bay
                                                No. 0170.1.                                                                                                    community with advance notification
                                                                                                         Yacht Club Evening on the Bay
                                                ■ 2. Add § 165.T09–0666 to read as                                                                             for the enforcement of this safety zone
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                         Fireworks
                                                follows:                                                                                                       via Broadcast Notice to Mariners or
                                                                                                         AGENCY:  Coast Guard, DHS.                            Local Notice to Mariners. The Captain of
                                                § 165.T09–0666 Safety Zone; Oswego                       ACTION: Notice of enforcement of                      the Port Lake Michigan or a
                                                County Paddlefest, Oswego River, Oswego,
                                                                                                         regulation.                                           representative may be contacted at 414–
                                                NY.
                                                                                                                                                               747–7182 or via Channel 16, VHF–FM.
                                                  (a) Location. The safety zone will                     SUMMARY:   The Coast Guard will enforce
                                                encompass all waters of the Oswego                       the safety zone for the Sturgeon Bay


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                                                                   Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations                                         32247

                                                  Dated: July 6, 2017.                                   U.S.C.   United States Code                           Merwin’s Wharf in the vicinity of
                                                A.B. Cocanour,                                           II. Background Information and                        41°29′23″ N., 081°42′16″ W., and
                                                Captain, U.S. Coast Guard, Captain of the                Regulatory History                                    returning to the mouth of the Old River
                                                Port Lake Michigan.                                                                                            at 41°29′55″ N., 081°42′18″ W. (NAD
                                                [FR Doc. 2017–14688 Filed 7–12–17; 8:45 am]
                                                                                                            The Coast Guard is issuing this                    83). No vessel or person will be
                                                                                                         temporary rule without prior notice and               permitted to enter the safety zone
                                                BILLING CODE 9110–04–P
                                                                                                         opportunity to comment pursuant to                    without obtaining permission from the
                                                                                                         authority under section 4(a) of the                   COTP or a designated representative.
                                                DEPARTMENT OF HOMELAND                                   Administrative Procedure Act (APA) (5                 Entry into, transiting, or anchoring
                                                SECURITY                                                 U.S.C. 553(b)). This provision                        within the safety zone is prohibited
                                                                                                         authorizes an agency to issue a rule                  unless authorized by the Captain of the
                                                Coast Guard                                              without prior notice and opportunity to               Port Buffalo or his designated on-scene
                                                                                                         comment when the agency for good                      representative. The Captain of the Port
                                                33 CFR Part 165                                          cause finds that those procedures are                 or his designated on-scene
                                                                                                         impracticable, unnecessary, or contrary               representative may be contacted via
                                                [Docket Number USCG–2017–0482]
                                                                                                         to the public interest. Under 5 U.S.C.                VHF Channel 16.
                                                RIN 1625–AA00                                            553(b)(B), the Coast Guard finds that
                                                                                                         good cause exists for not publishing a                V. Regulatory Analyses
                                                Safety Zone; Cleveland Parade of                         notice of proposed rulemaking (NPRM)                    We developed this rule after
                                                Lights Boat Parade; Cuyahoga River,                      with respect to this rule. The event                  considering numerous statutes and
                                                Cleveland, OH                                            sponsor did not submit notice to the                  Executive Orders related to rulemaking.
                                                AGENCY:    Coast Guard, DHS.                             Coast Guard with sufficient time                      Below we summarize our analyses
                                                                                                         remaining before the event to publish an              based on a number of these statutes and
                                                ACTION:   Temporary final rule.
                                                                                                         NPRM. Delaying the effective date of                  Executive Orders, and we discuss First
                                                SUMMARY:   The Coast Guard is                            this rule to wait for a comment period                Amendment rights of protestors.
                                                establishing a moving safety zone for                    to run would be impracticable and
                                                                                                                                                               A. Regulatory Planning and Review
                                                certain waters of the Cuyahoga River.                    contrary to the public interest by
                                                This action is necessary to provide for                  inhibiting the Coast Guard’s ability to                  Executive Orders 12866 and 13563
                                                the safety of life on these navigable                    protect spectators and vessels from the               direct agencies to assess the costs and
                                                waters in the Cuyahoga River,                            hazards associated with a boat parade.                benefits of available regulatory
                                                Cleveland, OH during the Cleveland                          Under 5 U.S.C. 553(d)(3), the Coast                alternatives and, if regulation is
                                                Parade of Lights on July 22, 2017. This                  Guard finds that good cause exists for                necessary, to select regulatory
                                                temporary safety zone is necessary to                    making this temporary rule effective less             approaches that maximize net benefits.
                                                protect personnel, vessels, and the                      than 30 days after publication in the                 Executive Order 13771 directs agencies
                                                marine environment from the potential                    Federal Register because doing so                     to control regulatory costs through a
                                                hazards created by 60 vessels transiting                 would be impracticable and contrary to                budgeting process. This rule has not
                                                in the river with lights not normally                    the public interest. Delaying the                     been designated a ‘‘significant
                                                used for marine traffic navigation lights.               effective date would be contrary to the               regulatory action,’’ under Executive
                                                Entry of vessels or persons into this                    rule’s objectives of ensuring safety of               Order 12866. Accordingly, this rule has
                                                zone is prohibited unless specifically                   life on the navigable waters and                      not been reviewed by the Office of
                                                authorized by the Captain of the Port                    protection of persons and vessels near                Management and Budget (OMB), and
                                                Sector Buffalo.                                          the boat parade.                                      pursuant to OMB guidance it is exempt
                                                                                                                                                               from the requirements of Executive
                                                DATES: This rule is effective from 10:00                 III. Legal Authority and Need for Rule                Order 13771.
                                                p.m. through 11:30 p.m. on July 22,                         The Coast Guard is issuing this rule                  We conclude that this rule is not a
                                                2017.                                                    under authority in 33 U.S.C. 1231. The                significant regulatory action because we
                                                ADDRESSES:   To view documents                           Captain of the Port Buffalo, NY (COTP)                anticipate that it will have minimal
                                                mentioned in this preamble as being                      has determined that potential hazards                 impact on the economy, will not
                                                available in the docket, go to http://                   associated with 60 vessels displaying                 interfere with other agencies, will not
                                                www.regulations.gov, type USCG–2017–                     lights that are not used for navigation               adversely alter the budget of any grant
                                                0482 in the ‘‘SEARCH’’ box and click                     will be a safety concern for other vessels            or loan recipients, and will not raise any
                                                ‘‘SEARCH.’’ Click on Open Docket                         underway. This rule is needed to protect              novel legal or policy issues. The safety
                                                Folder on the line associated with this                  personnel, vessels, and the marine                    zone created by this rule will be
                                                rule.                                                    environment in the navigable waters                   relatively small and enforced for a
                                                FOR FURTHER INFORMATION CONTACT: If                      within the safety zone during the                     relatively short time. Also, the safety
                                                you have questions on this rule, call or                 Cleveland Parade of Lights.                           zone is designed to minimize its impact
                                                email LT Ryan Junod, Chief of                                                                                  on navigable waters. Furthermore, the
                                                                                                         IV. Discussion of the Rule
                                                Waterways Management, U.S. Coast                                                                               safety zone has been designed to allow
                                                Guard Marine Safety Unit Cleveland;                         This rule establishes a safety zone                vessels to transit around it. Thus,
                                                telephone 216–937–0124, email                            from 10 p.m. through 11:30 p.m. on July               restrictions on vessel movement within
                                                ryan.s.junod@uscg.mil.                                   22, 2017. The moving safety zone will                 that particular area are expected to be
                                                                                                         encompass all waters within 25 feet of                minimal. Under certain conditions,
                                                SUPPLEMENTARY INFORMATION:
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                         the vessels participating in the                      moreover, vessels may still transit
                                                I. Table of Abbreviations                                Cleveland Parade of Lights in the                     through the safety zone when permitted
                                                CFR Code of Federal Regulations
                                                                                                         Cuyahoga River. The safety zone will                  by the Captain of the Port.
                                                DHS Department of Homeland Security                      move with participating vessels as they
                                                                                                         transit from the mouth of the Cuyahoga                B. Impact on Small Entities
                                                FR Federal Register
                                                NPRM Notice of proposed rulemaking                       River in the vicinity of position                       The Regulatory Flexibility Act of
                                                § Section                                                41°29′59″ N., 081°43′31″ W., to                       1980, 5 U.S.C. 601–612, as amended,


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Document Created: 2017-07-13 01:00:51
Document Modified: 2017-07-13 01:00:51
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 the safety zone listed in item (f)(4) of Table 165.929 from 8:30 p.m. through 10:30 p.m. on August 12, 2017.
ContactIf you have questions about this notice of enforcement, call or email marine event coordinator, MST1 Kaleena Carpino, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI; telephone (414) 747-7148, email D09-SMB- [email protected]
FR Citation82 FR 32246 

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