[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Rules and Regulations]
[Pages 41442-41443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15052]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0550]
RIN 1625-AA00
Safety Zone; Bay Village Independence Day Celebration; Lake Erie,
Bay Village, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie, Bay Village, OH. This safety zone is intended to restrict
vessels from a portion of Lake Erie during the Bay Village Independence
Day Celebration fireworks display on July 4, 2016. This temporary
safety zone is necessary to protect mariners and vessels from the
navigational hazards associated with a fireworks display. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Buffalo (COTP).
DATES: This rule is effective from 9:45 p.m. to 10:45 p.m. on July 4,
2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0550 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email LT Stephanie Pitts, Chief of Waterways
Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone
216-937-0128, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency finds good cause that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because doing so would be
impracticable and contrary to the public interest. The final details
for this event were not provided to the Coast Guard until there was
insufficient time remaining before the event to publish an NPRM. Thus,
delaying the effective date of this rule to wait for a comment period
to run would be both impracticable and contrary to the public interest
because it would inhibit the Coast Guard's ability to protect
spectators and vessels from the hazards associated with a fireworks
display.
III. Legal Authority and Need for Rule
The Coast Guard issues this rule under authority in 33 U.S.C. 1231.
On July 4, 2016, between 9:45 p.m. and 10:45 p.m., a fireworks display
will be held on the shoreline of Lake Erie in Bay Village, OH, in the
vicinity of Cahoon Memorial Park. It is anticipated that numerous
vessels will be in the immediate vicinity of the launch point. The
Captain of the Port Buffalo has determined that potential hazards
associated with this fireworks display poses a significant risk to
public safety and property within a 560-foot radius of the launch
point. Such hazards include premature and accidental detonations of
fireworks, dangerous projectiles, and falling or burning debris.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:45 p.m. to 10:45 p.m. on
July 4, 2016. The safety zone will encompass all waters of Lake Erie;
Bay Village, OH within a 560-foot radius of position 41[deg]29'23.9''
N. and 081[deg]55'44.5'' W. (NAD 83). The duration of the zone is
intended to ensure the safety of spectators and vessels during the Bay
Village Independence Day Celebration fireworks display. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
and will not: Interfere with other agencies; adversely alter the budget
of any grant or loan recipients; or raise any novel legal or policy
issues. The safety zone created by this rule will be relatively small
and enforced for a relatively short time. Also, the safety zone is
designed to minimize its impact on navigable waters. Under certain
conditions, vessels may still transit through the safety zone when
permitted by the Captain of the Port.
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
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will 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 zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
[[Page 41443]]
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 E.O. 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 rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does 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 rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined 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
rule involves a safety zone lasting for one (1) hour that will prohibit
entry within a small area on Lake Erie. It is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a 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 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.
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 amends
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.T09-0550 to read as follows:
Sec. 165.T09-0550 Safety Zone; Bay Village Independence Day
Celebration; Lake Erie, Bay Village, OH.
(a) This zone will encompass all waters of Lake Erie; Bay Village,
OH within a 560 foot radius of position 41[deg]29'23.9'' N. and
081[deg]55'44.5'' W. (NAD 83).
(b) Enforcement period. This regulation will be enforced from 9:45
p.m. until 10:45 p.m. on July 4, 2016.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.
Dated: June 20, 2016.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2016-15052 Filed 6-24-16; 8:45 am]
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