83 FR 31059 - Safety Zones; Annual Events in the Captain of the Port Buffalo Zone-July Fireworks
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 128 (July 3, 2018)
Coast Guard
Federal Register Volume 83, Issue 128 (July 3, 2018)
| Page Range | 31059-31060 | |
| FR Document | 2018-14326 |
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)] [Rules and Regulations] [Pages 31059-31060] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14326] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2018-0624] Safety Zones; Annual Events in the Captain of the Port Buffalo Zone--July Fireworks AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. ----------------------------------------------------------------------- SUMMARY: The Coast Guard will enforce certain safety zones located in federal regulations for recurring marine events. This action is necessary and intended for the safety of life and property on navigable waters during these events. During each enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo. DATES: The regulations in 33 CFR 165.939(a)(1) will be enforced from 8:45 p.m. to 10:45 p.m. on July 4, 2018. The regulations in 33 CFR 165.939(a)(2) will be enforced from 9:30 p.m. to 10:30 p.m. on July 3, 2018. The regulation in 33 CFR 165.939(a)(13) will be enforced from 10:00 p.m. to 10:30 p.m. on July 3, 2018. 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; telephone 716- 843-9322, email [email protected]. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a Safety Zone; Annual Events in the Captain of the Port Buffalo Zone listed in 33 CFR 165.939 for the following events: (1) Boldt Castle 4th of July Fireworks, Heart Island, NY; The safety zone listed in 33 CFR 165.939(a)(1) will be enforced from 8:45 p.m. to 10:45 p.m. on July 4, 2018. (2) Clayton Chamber of Commerce Fireworks, Calumet Island, NY; The safety zone listed in 33 CFR 165.939(a)(2) will be enforced from 9:30 p.m. to 10:30 p.m. on July 3, 2018. (3) Tom Graves Memorial Fireworks; The safety zone listed in 33 CFR 165.939(a)(13) will be enforced from 10:00 p.m. to 10:30 p.m. on July 3, 2018. Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring within a 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 a safety zone may request permission from the Captain of Port Buffalo via channel 16, VHF-FM. Vessels and persons granted permission to enter a 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 a safety zone need not be enforced for the full duration stated in this notice he or she may use a Broadcast Notice to [[Page 31060]] Mariners to grant general permission to enter the respective safety zone. Dated: June 27, 2018. Joseph S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2018-14326 Filed 7-2-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 31059
review under Categorical Exclusion notify the maritime community of permission of the Captain of the Port
L60(a) of Appendix A, Table 1 of DHS periods during which these zones will Buffalo.
Instruction Manual 023–01–001–01, be enforced via Broadcast Notice to
DATES: The regulations in 33 CFR
Rev. 01. A Record of Environmental Mariners in accordance with § 165.7.
(c) Definitions. As used in this 165.939(a)(1) will be enforced from 8:45
Consideration supporting this
section, ‘‘designated representative’’ p.m. to 10:45 p.m. on July 4, 2018. The
determination is available in the docket
means a Coast Guard Patrol regulations in 33 CFR 165.939(a)(2) will
where indicated under ADDRESSES.
Commander, including a Coast Guard be enforced from 9:30 p.m. to 10:30 p.m.
G. Protest Activities coxswain, petty officer, or other officer on July 3, 2018. The regulation in 33
The Coast Guard respects the First on a Coast Guard vessel or a Federal, CFR 165.939(a)(13) will be enforced
Amendment rights of protesters. State, or local officer designated by or from 10:00 p.m. to 10:30 p.m. on July 3,
Protesters are asked to contact the assisting the COTP in the enforcement 2018.
person listed in the FOR FURTHER of the safety zones. FOR FURTHER INFORMATION CONTACT: If
INFORMATION CONTACT section to (d) Regulations. (1) Under the general you have questions about this notice of
coordinate protest activities so that your regulations in subpart C of this part, enforcement, call or email LT Michael
message can be received without entry into, transiting or anchoring Collet, Chief of Waterways Management,
jeopardizing the safety or security of within these safety zones is prohibited U.S. Coast Guard Sector Buffalo;
people, places or vessels. unless authorized by the COTP or the telephone 716–843–9322, email D09-
COTP’s designated representative. SMB-SECBuffalo-WWM@uscg.mil.
List of Subjects in 33 CFR Part 165 (2) The safety zones are closed to all SUPPLEMENTARY INFORMATION: The Coast
Harbors, Marine safety, Navigation vessel traffic, except as may be Guard will enforce a Safety Zone;
(water), Reporting and recordkeeping permitted by the COTP or a designated Annual Events in the Captain of the Port
requirements, Security measures, representative. Buffalo Zone listed in 33 CFR 165.939
Waterways. (3) Vessel operators desiring to enter for the following events:
For the reasons discussed in the or operate within the safety zones must (1) Boldt Castle 4th of July Fireworks,
preamble, the Coast Guard amends 33 contact the COTP or a designated Heart Island, NY; The safety zone listed
CFR part 165 as follows: representative to obtain permission to in 33 CFR 165.939(a)(1) will be enforced
do so. Vessel operators given permission from 8:45 p.m. to 10:45 p.m. on July 4,
PART 165—REGULATED NAVIGATION to enter or operate in the safety zones 2018.
AREAS AND LIMITED ACCESS AREAS must comply with all directions given to (2) Clayton Chamber of Commerce
them by the COTP or a designated Fireworks, Calumet Island, NY; The
■ 1. The authority citation for part 165 representative. Persons and vessels may
continues to read as follows: safety zone listed in 33 CFR
request permission to enter the safety 165.939(a)(2) will be enforced from 9:30
Authority: 33 U.S.C 1231; 50 U.S.C. 191; zones on VHF–23A or through the 24- p.m. to 10:30 p.m. on July 3, 2018.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; hour Command Center at telephone
Department of Homeland Security Delegation (3) Tom Graves Memorial Fireworks;
(415) 399–3547.
No. 0170.1. The safety zone listed in 33 CFR
Dated: June 27, 2018. 165.939(a)(13) will be enforced from
■ 2. Add § 165.T11–930 to read as Anthony J. Ceraolo, 10:00 p.m. to 10:30 p.m. on July 3, 2018.
follows: Captain, U.S. Coast Guard, Captain of the Pursuant to 33 CFR 165.23, entry into,
§ 165.T11–930 Safety Zone; San Francisco Port, San Francisco. transiting, or anchoring within a safety
Fourth of July Fireworks Display, San [FR Doc. 2018–14259 Filed 7–2–18; 8:45 am] zone during an enforcement period is
Francisco Bay, San Francisco, CA. BILLING CODE 9110–04–P prohibited unless authorized by the
(a) Location. The following area are Captain of the Port Buffalo or his
safety zones: All navigable waters of the designated representative. Those
San Francisco Bay within 100 feet of the DEPARTMENT OF HOMELAND seeking permission to enter a safety
fireworks barges during loading at Pier SECURITY zone may request permission from the
50, as well as transit and arrival near Captain of Port Buffalo via channel 16,
Coast Guard VHF–FM. Vessels and persons granted
Aquatic Park in San Francisco, CA.
From 9:00 a.m. until approximately 5:00 permission to enter a safety zone shall
33 CFR Part 165 obey the directions of the Captain of the
p.m. on July 3, 2018, and from 9:00 a.m.
until approximately 6:00 p.m. on July 4, [Docket No. USCG–2018–0624] Port Buffalo or his designated
2018, the fireworks barges will be representative. While within a safety
loading at Pier 50 in San Francisco, CA. Safety Zones; Annual Events in the zone, all vessels shall operate at the
The safety zones will expand to all Captain of the Port Buffalo Zone—July minimum speed necessary to maintain a
navigable waters around and under the Fireworks safe course.
firework barges within a radius of 700 AGENCY: Coast Guard, DHS. This notice of enforcement is issued
feet in approximate positions 37°48′49″ ACTION: Notice of enforcement of under authority of 33 CFR 165.939 and
N, 122°24′46″ W and 37°48′45″ N, regulation. 5 U.S.C. 552(a). In addition to this
122°25′39″ W (NAD 83), 30 minutes notice of enforcement in the Federal
prior to the start of the 30 minute SUMMARY: The Coast Guard will enforce Register, the Coast Guard will provide
fireworks display, scheduled to begin at certain safety zones located in federal the maritime community with advance
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9:30 p.m. on July 4, 2018. regulations for recurring marine events. notification of this enforcement period
(b) Enforcement period. The zones This action is necessary and intended via Broadcast Notice to Mariners or
described in paragraph (a) of this for the safety of life and property on Local Notice to Mariners. If the Captain
section will be enforced from 9:00 a.m. navigable waters during these events. of the Port Buffalo determines that a
on July 3, 2018 until approximately During each enforcement period, no safety zone need not be enforced for the
10:30 p.m. on July 4, 2018. The Captain person or vessel may enter the full duration stated in this notice he or
of the Port San Francisco (COTP) will respective safety zone without the she may use a Broadcast Notice to
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![31060 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations
Mariners to grant general permission to NPRM Notice of Proposed Rulemaking will remain until the conclusion of the
enter the respective safety zone. PATCOM U.S. Coast Guard Patrol fireworks displays.
Commander At 9:00 p.m. on July 4, 2018, 30
Dated: June 27, 2018. U.S.C. United States Code
Joseph S. Dufresne, minutes prior to the commencement of
Captain, U.S. Coast Guard, Captain of the II. Background Information and the 18-minute fireworks display, the
Port Buffalo. Regulatory History safety zone will increase in size and
[FR Doc. 2018–14326 Filed 7–2–18; 8:45 am] The Coast Guard is issuing this encompass the navigable waters around
temporary final rule without prior and under the fireworks barge within a
BILLING CODE 9110–04–P
notice and opportunity to comment radius of 420 feet in approximate
pursuant to authority under section 4(a) position 38°06′03″ N, 122°16′00″ W
DEPARTMENT OF HOMELAND of the Administrative Procedure Act (NAD 83) for the City of Vallejo Fourth
SECURITY (APA) (5 U.S.C. 553(b)). This provision of July Fireworks Display. The safety
authorizes an agency to issue a rule zone shall terminate at 10:30 p.m. on
Coast Guard without prior notice and opportunity to July 4, 2018.
comment when the agency for good The effect of the temporary safety
33 CFR Part 165 cause finds that those procedures are zone are to restrict navigation in the
‘‘impracticable, unnecessary, or contrary vicinity of the fireworks loading, transit,
[Docket No. USCG–2018–0544]
to the public interest.’’ Under 5 U.S.C. and firing site. Except for persons or
RIN 1625–AA00 553(b)(B), the Coast Guard finds that vessels authorized by the COTP or the
good cause exists for not publishing a COTP’s designated representative, no
Safety Zone: City of Vallejo Fourth of person or vessel may enter or remain in
July Fireworks Display, Mare Island notice of proposed rulemaking (NPRM)
with respect to this rule. Since the Coast the restricted area. This regulation is
Strait, Vallejo, CA needed to keep spectators and vessels
Guard received final details of this event
AGENCY: Coast Guard, DHS. on June 25, 2018, notice and comment away from the immediate vicinity of the
ACTION: Temporary final rule. procedures would be impracticable in fireworks firing site to ensure the safety
this instance. of participants, spectators, and
SUMMARY: The Coast Guard is For similar reasons as those stated transiting vessels.
establishing a temporary safety zone in above, under 5 U.S.C. 553(d)(3), the V. Regulatory Analyses
the navigable waters of San Francisco Coast Guard finds that good cause exists
Bay near Mare Island Strait in support for making this rule effective less than We developed this rule after
of the City of Vallejo Fourth of July 30 days after publication in the Federal considering numerous statutes and
Fireworks Display on July 4, 2018. This Register. executive orders related to rulemaking.
safety zone is established to ensure the Below we summarize our analyses
safety of participants and spectators III. Legal Authority and Need for Rule based on a number of these statutes and
from the dangers associated with The Coast Guard is issuing this rule Executive orders, and we discuss First
pyrotechnics. Unauthorized persons or under authority in 33 U.S.C. 1231. The Amendment rights of protestors.
vessels are prohibited from entering Captain of the Port (COTP) San A. Regulatory Planning and Review
into, transiting through, or remaining in Francisco has determined that potential
the safety zone without permission of hazards associated with the planned Executive Orders 12866 and 13563
the Captain of the Port or their fireworks display on July 4, 2018, will direct agencies to assess the costs and
designated representative. be a safety concern for anyone within a benefits of available regulatory
DATES: This rule is effective on July 4, 100-foot radius of the fireworks barge alternatives and, if regulation is
2018, from 8 a.m. through 10:30 p.m. and anyone within a 420-foot radius of necessary, to select regulatory
ADDRESSES: Documents mentioned in the fireworks firing site. This rule is approaches that maximize net benefits.
this preamble are part of docket USCG– needed to protect spectators, vessels, Executive Order 13771 directs agencies
2018–0544. To view documents and other property from hazards to control regulatory costs through a
mentioned in this preamble as being associated with pyrotechnics. budgeting process. This rule has not
available in the docket, go to http:// been designated a ‘‘significant
IV. Discussion of the Rule regulatory action,’’ under Executive
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click This rule establishes a temporary Order 12866. Accordingly, this rule has
‘‘SEARCH.’’ Click on Open Docket safety zone during the loading and not been reviewed by the Office of
Folder on the line associated with this transit of the fireworks barge, until after Management and Budget (OMB), and
rulemaking. completion of the fireworks display. pursuant to OMB guidance it is exempt
During the loading of the pyrotechnics from the requirements of Executive
FOR FURTHER INFORMATION CONTACT: If
onto the fireworks barge, scheduled to Order 13771.
you have questions on this rule, call or
take place from 8:00 a.m. to 4:00 p.m. This regulatory action determination
email Lieutenant Emily Rowan, U.S.
on July 4, 2018, at Mare Island is based on the limited duration and
Coast Guard Sector San Francisco;
Waterfront in Vallejo, CA, the safety narrowly tailored geographic area of the
telephone (415) 399–7443 or email at
zone will encompass the navigable safety zone. Although this rule restricts
D11-PF-MarineEvents@uscg.mil.
waters around and under the fireworks access to the waters encompassed by the
SUPPLEMENTARY INFORMATION:
barge within a radius of 100 feet. safety zone, the effect of this rule will
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I. Table of Acronyms The fireworks barge will remain at not be significant because the local
Mare Island Waterfront until the start of waterway users will be notified via
APA Administrative Procedure Act
COTP U.S. Coast Guard Captain on the Port
the transit to the display location. public Broadcast Notice to Mariners to
DHS Department of Homeland Security Towing of the barge from Mare Island ensure the safety zone will result in
FR Federal Register Waterfront to the display location is minimum impact. The entities most
NOAA National Oceanic and Atmospheric scheduled to take place from 8:50 p.m. likely to be affected are waterfront
Administration to 9:00 p.m. on July 4, 2018, where it facilities, commercial vessels, and
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Document Created: 2018-07-02 23:55:39
Document Modified: 2018-07-02 23:55:39
| 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 regulations in 33 CFR 165.939(a)(1) will be enforced from 8:45 p.m. to 10:45 p.m. on July 4, 2018. The regulations in 33 CFR 165.939(a)(2) will be enforced from 9:30 p.m. to 10:30 p.m. on July 3, 2018. The regulation in 33 CFR 165.939(a)(13) will be enforced from 10:00 p.m. to 10:30 p.m. on July 3, 2018. | |
| 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; telephone 716- 843-9322, email [email protected] | |
| FR Citation | 83 FR 31059 |
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