48718 Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0578] 

RIN 1625–AA00 

Safety Zone; Chicago Harbor, Navy 

Pier Southeast, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Navy Pier Southeast Safety Zone in 

Chicago Harbor from September 3, 2011 

through September 24, 2011. This action 

is necessary and intended to ensure 

safety of life on the navigable waters of 

the United States immediately prior to, 

during, and immediately after fireworks 

events. During the aforementioned 

period, restrictions will be enforced 

upon, and control movement of, vessels 

in a specified area immediately prior to, 

during, and immediately after fireworks 

events. During the enforcement period, 

no person or vessel may enter the safety 

zones without permission of the Captain 

of the Port, Sector Lake Michigan. 

DATES: The regulations in 33 CFR 

165.931 will be enforced at various 

times and on various dates between 10 

p.m. on September 3, 2011 to 10:30 p.m. 

on September 24, 2011. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail BM1 Adam Kraft, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI at 414–747– 

7154, e-mail Adam.D.Kraft@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

The Coast Guard will enforce the 

Safety Zone; Chicago Harbor, Navy Pier 

Southeast, Chicago, IL listed in 33 CFR 

165.931 for the following events: 

(1) Navy Pier Fireworks; on September 

3, 2011 from 10 p.m. through 10:30 

p.m.; on September 17, 2011 from 8:45 

p.m. through 9:15 p.m.; and on 

September 24, 2011 from 8:45 p.m. 

through 9:15 p.m. 

All vessels must obtain permission 

from the Captain of the Port, Sector Lake 

Michigan, or his or her on-scene 

representative to enter, move within or 

exit the safety zone. Vessels and persons 

granted permission to enter the safety 

zone shall obey all lawful orders or 

directions of the Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative. While within a 

safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.931 and 5 U.S.C. 552 (a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of these enforcement 

periods via broadcast Notice to Mariners 

or Local Notice to Mariners. The 

Captain of the Port, Sector Lake 

Michigan, will issue a Broadcast Notice 

to Mariners notifying the public when 

enforcement of the safety zone 

established by this section is suspended. 

If the Captain of the Port, Sector Lake 

Michigan, 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 

safety zone. The Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative may be contacted 

via VHF Channel 16. 

Dated: July 25, 2011. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. 2011–20090 Filed 8–8–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0688] 

RIN 1625–AA00 

Safety Zones; August Fireworks 

Displays and Swim Events in the 

Captain of the Port New York Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing four temporary safety zones 

for marine events within the Coast 

Guard Captain of the Port (COTP) New 

York Zone for fireworks displays and 

swim events. This action is necessary to 

provide for the safety of life on 

navigable waters during the events. 

Entry into, transit through, mooring or 

anchoring within these zones is 

prohibited unless authorized by the 

COTP New York. 

DATES: This rule is effective in the CFR 

on August 9, 2011 to 11:59 p.m. August 

27, 2011. This rule is effective with 

actual notice for purpose of enforcement 

beginning at 12 p.m. August 6, 2011 to 

11:59 p.m. August 27, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0688 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0688 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail LT Eunice James, 

Coast Guard Sector New York 

Waterways Management Division; 718– 

354–4163, e-mail 

Eunice.A.James@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final 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 for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because any 

delay encountered in this regulation’s 

effective date by publishing a NPRM 

would be contrary to public interest, 

since immediate action is needed to 

provide for the safety of life and 

property on navigable waters from the 

hazards associated with fireworks 

including unexpected detonation and 

burning debris; also immediate action is 

needed to provide for the safety of life 

and property on navigable waters from 

the hazards associated with swimmers 

in the water in or near navigable 

channels. We spoke with each event 

sponsor and each indicated they were 

unable and unwilling to move their 

event date to a later time. Sponsors for 

the Ocean Breeze Fishing Pier Fireworks 

Display stated they are unwilling to 

reschedule this event because it is being 

held in conjunction with a 

prescheduled concert sponsored by the 

Staten Island Borough President’s 

Office. Changing the date would cause 

numerous cancelations and hurt small 

businesses. Rescheduling would not be 


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