Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45461 

request in the appropriate format in 

accordance with established procedures. 

(vi) In accordance with the provisions 

of § 199.17(o)(2), coverage terminates for 

young adult dependents who fail to 

make premium payments in accordance 

with established procedures. 

(vii) Absent a new qualifying event, 

young adults are not eligible to re-enroll 

in TYA until the next annual open 

season. 

* * * * * 

(f) Administration. The Director may 

establish other processes, policies and 

procedures for the effective 

administration of the TYA Program and 

may authorize exceptions to 

requirements of this section, if 

permitted. 

Dated: September 20, 2017. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2017–20392 Filed 9–28–17; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0172] 

RIN 1625–AA00 

Safety Zone; Pacific Ocean, Kilauea 

Lava Flow Ocean Entry on Southeast 

Side of Island of Hawaii, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is extending, 

for an additional six months, the 

existing temporary safety zone 

surrounding the entry of lava from the 

Kilauea volcano into the navigable 

waters of the Pacific Ocean on the 

southeast side of the Island of Hawaii, 

HI. The extension of this safety zone is 

necessary to protect persons and vessels 

from hazards associated with molten 

lava entering the ocean while the 

proposed rule is reviewed. 

DATES: This rule is effective from 

September 28, 2017 through March 28, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2017– 

0172 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 on this rule, call or 

email Lieutenant Commander John 

Bannon, Waterways Management 

Division, Coast Guard; telephone: 808– 

541–4359, email: John.E.Bannon@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

BLS Bureau of Labor Statistics 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section symbol 

OMB Office of Management and Budget 

RFA Regulatory Flexibility Act 

SNPRM Supplemental notice of proposed 

rulemaking 

TFR Temporary final rule 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is extending, for an 

additional six months, an existing 

temporary safety zone for the navigable 

waters surrounding the entry of lava 

from the Kilauea Volcano into the 

Pacific Ocean on the southeast side of 

the Island of Hawaii, HI. Extending this 

safety zone ensures mariners remain 

safe from the potential hazards 

associated with molten lava entering the 

ocean while the proposed rule is being 

reviewed. This safety zone will continue 

to encompass all waters within 300 

meters (984 feet) of all entry points of 

lava flow into the ocean. Because the 

entry points of the lava vary, the safety 

zone location will also vary. Entry of 

persons or vessels into this safety zone 

remains prohibited, unless specifically 

authorized by the Captain of the Port 

(COTP) Honolulu, or his designated 

representative. 

Lava flow that enters the ocean can be 

potentially hazardous to anyone near it, 

particularly when lava deltas collapse. 

A lava delta is new land that forms 

when lava accumulates above sea level, 

and extends from the existing base of a 

sea cliff. Persons near active lava flow 

entry sites incur potential hazards, 

particularly when lava deltas collapse. 

These hazards include, but are not 

limited to, plumes of hot, corrosive 

seawater laden with hydrochloric acid, 

and fine volcanic particles that can 

irritate the skin, eyes, and lungs; 

explosions of debris and eruptions of 

scalding water from hot rock entering 

the ocean; sudden lava delta collapses; 

and waves associated with these 

explosions and collapses. 

Lava has been entering the ocean at 

the Kamokuna lava delta on Kilauea 

Volcano’s south coast since July 2016. 

On December 31, 2016, a large portion 

of lava delta collapsed into the ocean at 

the Kamokuna entry point. Following 

this collapse, portions of the adjacent 

sea cliff fell into the ocean, producing 

localized waves, and showers of debris. 

As of March 2017, a new delta has 

begun to form at the Kamokuna ocean 

entry point. This lava delta continues to 

grow and collapse, and cracks parallel 

to the sea cliff surrounding it persist, 

indicating further collapses may occur 

with little or no warning. 

On March 28, 2017, the Coast Guard 

established a temporary final rule (TFR) 

and put into place a safety zone for 

mariners near lava entry points to 

address the hazards of the lava entering 

the ocean. The TFR discussed Sector 

Honolulu’s review of nearly 30 years of 

delta collapse and ejecta distance 

observations from the Hawaii Volcano 

Observatory records. The TFR was 

published in the April 3, 2017 Federal 

Register (82 FR 16109). 

On April 3, 2017, the Coast Guard 

also published a notice of proposed 

rulemaking (NPRM) to establish a 

permanent safety zone that would 

encompass all waters extending 300 

meters (984 feet) in every direction 

around all entry points of lava flow into 

the navigable waters surrounding the 

entry of lava from the Kilauea Volcano 

into the Pacific Ocean on the southeast 

side of the Island of Hawaii, HI (82 FR 

16142). We determined that a radius of 

300 meters was a reasonable, minimum 

high-hazard zone around a point of 

active lava flow entering the ocean. The 

safety zone allows the Coast Guard to 

impose and enforce restrictions on 

vessels operating closely to the lava 

entry area, which protects persons and 

vessels from the potential hazards 

associated with molten lava entering the 

ocean. The NPRM addressed this 

concern and invited the public to 

comment on the safety zone. The 

comment period, which ended on June 

2, 2017, received 67 comments. On May 

8, 2017, at a public meeting held in 

Hilo, HI, meeting participants discussed 

the proposed rule and NPRM’s public 

comments. 

During the period of the TFR, four 

tour operators and one photographer 

with economic ties to lava tourism 

petitioned the COTP Honolulu for entry 

within 300 meters of the high-hazard 

zone. They also requested and 

petitioned for various levels of entry 

distances—ranging from a close, safe 

distance to 50 meters—based on sea 

conditions resulting from the lava entry. 

The COTP Honolulu granted express 

authorization for entry within 300 

meters to the five operators. The 

authorization included operational 

restrictions and other vessel safety 

criteria requirements considered by the 


asabaliauskas on DSKBBXCHB2PROD with RULES
45462 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 

COTP Honolulu and will continue 

under the extended period of this TFR. 

In order to review the overall impact 

of the final rule, a supplemental notice 

of proposed rulemaking (SNPRM) will 

be published, providing an additional 

60 days for public comments and input. 

This TFR is necessary to promote 

navigational safety, provide for the 

safety of life and property, and facilitate 

the reasonable demands of commerce 

relating to tourism surrounding the lava 

entry points. It also provides an 

opportunity for further comment from 

the public. Upon publication of the 

SNPRM, we will invite additional 

public comments on this rulemaking. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Although we expect to review 

the SNPRM within 30 days of 

publication of this TFR, it would be 

impractical to delay the effective date of 

this rule. Immediate action is necessary 

to protect persons, vessels, and the 

public from the potential safety hazards 

associated with the ocean lava entry. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

COTP Honolulu has determined that 

potential hazards associated with 

Kilauea’s active lava flow entry into the 

Pacific Ocean on the southeast side of 

the Island of Hawaii, HI is a safety 

concern for anyone within 300 meters 

(984 feet) in every direction around the 

entry of lava flow. The purpose of this 

rule is to ensure the safety of the public 

and vessels traveling in the navigable 

waters covered by the safety zone. 

IV. Discussion of Comments, Changes, 

and the Rule 

This TFR extends the existing safety 

zone from September 28, 2017 through 

March 28, 2018, or until it is no longer 

necessary. If the safety zone terminates 

prior to March 28, 2018, the Coast 

Guard will provide notice via 

established notice to mariners. 

In order to review the overall impact 

of the rule, the Coast Guard will publish 

an SNPRM providing an additional 60 

days for comments on the proposed 

final rule. This TFR is necessary to 

promote navigational safety, provide for 

the safety of life and property, and 

facilitate the reasonable demands of 

commerce relating to tourism 

surrounding the lava entry points. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 (‘‘Regulatory 

Planning and Review’’) and 13563 

(‘‘Improving Regulation and Regulatory 

Review’’) direct agencies to assess the 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select those approaches 

that maximize net benefits. Executive 

Order 13563 emphasizes the importance 

of quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. Executive 

Order 13771 (‘‘Reducing Regulation and 

Controlling Regulatory Costs’’), directs 

agencies to reduce regulation and 

control regulatory costs and provides 

that ‘‘for every one new regulation 

issued, at least two prior regulations be 

identified for elimination, and that the 

cost of planned regulations be prudently 

managed and controlled through a 

budgeting process.’’ 

Under Executive Order 12866, this 

rule has not been designated a 

‘‘significant regulatory action. 

Accordingly, the Office of Management 

and Budget (OMB) has not reviewed it. 

As this rule is a non-significant 

regulatory action, it is exempt from the 

requirements of Executive Order 13771. 

See OMB’s Memorandum titled 

‘‘Interim Guidance Implementing 

Section 2 of the Executive Order of 

January 30, 2017 titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’ ’’ (February 2, 2017). A regulatory 

analysis follows. 

This TFR extends, for an additional 

six months, the existing safety zone for 

the navigable waters surrounding the 

entry of lava from Kilauea volcano into 

the Pacific Ocean. The safety zone will 

remain to include waters within 300 

meters (984 feet) of where lava enters 

the ocean. Entry of persons or vessels 

into the safety zone may only occur if 

granted permission by the COTP 

Honolulu, or his designated 

representative. 

Lava has been entering the ocean at 

Kamokuna on Kilauea Volcano’s south 

coast since July of 2016 and will 

continue to do so in the future. When 

lava enters the ocean, new hazards 

emerge: Plumes of corrosive seawater 

can irritate the skin, eyes, and lungs; 

explosions of debris and scalding water 

can injure passengers; sudden collapse 

of lava deltas can cause large waves 

potentially capsizing vessels. This TFR 

establishes a minimum safe operating 

distance in order to protect individuals 

and operators from the hazards of the 

Kilauea lava flow at sea. 

This rule affects any vessel that would 

normally travel within 300 meters of 

points where lava reaches the ocean. 

Currently, four lava tour-boat operators 

have state licenses to operate from the 

Pohoiki Boat Ramp, the closest location 

to pick up passengers for tours of the 

Kilauea lava flow. The Coast Guard is 

also aware of one photographer who 

photographs the Kilauea lava flow. 

Since the implementation of the 

temporary safety zone, the COTP 

granted prior approval to these parties 

to enter the safety zone, so long as they 

comply with the conditions set by the 

COTP. These entities are required to 

notify the COTP by phone before each 

tour when entering the 300-meter safety 

zone. 

When the Coast Guard published the 

original TFR on April 3, 2017, owners 

and operators were required to prepare 

and submit a written request to the 

COTP to enter the safety zone. The TFR 

is a continuation of the requirements 

extending the safety zone for an 

additional six months, and therefore, we 

are presenting the costs associated with 

this TFR. 

First, the captain of a lava tour boat 

will initiate the request to enter the 

safety zone through an initial written 

request to the COTP. Based on waiver 

requests from the four state-licensed 

operations, the Coast Guard estimates it 

takes about 4-hours for an owner or 

operator to submit a written request to 

enter the safety zone. This includes the 

time it would take lava tour-boat owners 

or operators to respond to questions 

from the COTP concerning the waiver 

request. Lava tour-boat owners or 

operators are only required to make this 

written waiver request once for 

consideration by the COTP. 

We obtained the mean hourly wage 

rate for a Captain of a lava tour boat 

from the Bureau of Labor Statistics 

(BLS) Occupational Employment 

Statistics National Occupational 

Employment and Wage Estimates for 

May 2016. Based on BLS’s data, the 

mean hourly wage rate for Captains, 

Mates, and Pilots of Water Vessels with 

the North American Industry 

Classification System (NAICS) 

occupational code of 53–5021 in the 

‘‘Scenic and Sightseeing Transportation, 

Water’’ industry is $24.42. Because this 

is an unloaded hourly wage rate, we 

added a load factor of 1.52 derived from 

the BLS March 2017 ‘‘Employer Cost for 

Compensation’’ databases to obtain a 

loaded hourly wage rate of $37.12. We 

estimate the one-time initial cost for an 

owner or operator to prepare a written 

request and respond to comments from 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45463 

1We obtained the hourly wage rates from 

Enclosure (2) of Commandant Instruction 7310.1R 

(29 March 2017) using the ‘‘In Government Rate’’. 

the Coast Guard to be about $148.47 

($37.12 per hour × 4 hours). We estimate 

the total cost of the temporary final rule 

to be about $593.88 ($148.47 × 4 lava 

tour-boat owners or operators). 

Since all four tour operators and the 

photographer were each granted 

permission to enter the safety zone 

through an initial waiver request, the 

only potential cost to these tour 

operators is the cost of the initial 

request. Each owner or operator also 

will be required to notify the COTP 

before entering the safety zone. These 

entities shall notify the Coast Guard by 

phone; however, we do not estimate a 

cost for the call because the equipment 

already exists onboard the vessel and 

operators will make their calls in the 

normal course of a Captain’s duty. 

The Federal Government also will 

incur costs of this temporary final rule. 

Government costs to implement the rule 

include the one-time cost of reviewing 

the waiver requests (we do not estimate 

a cost for the time to receive a call from 

an owner or operator to when entering 

a safety zone because the COTP 

conducts this review in the normal 

course of the COTP duties). To process 

the written request, we estimate one 

non-commissioned officer with a rank of 

E–7, and three officers with ranks of O– 

4, O–5, and O–6 will take about one 

hour each to review the written request. 

Based on the labor rates in table 1, we 

estimate the total cost to the 

Government of the temporary final rule 

to be about $378.00. Table 1 below 

summarizes these Government costs.1

TABLE 1—TOTAL GOVERNMENT COSTS

OF THE TEMPORARY FINAL RULE

Rank Wage 

rate 

Labor 

hours Total cost 

E–7 ....... $65 1 $65 

O–4 ....... 92 1 92 

O–5 ....... 104 1 104 

O–6 ....... 117 1 117 

Total ................ 4 378 

We estimate the total cost of this 

temporary final rule to industry and the 

Government to be about $972 ($593.88 

for lava tour-boat owners or operators + 

$378 for the Government). 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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. 

Rules that are exempt from the 

Administrative Procedures Act include 

interpretative rules, general statements 

of policy, or rules of agency 

organization, procedure, or practice; or 

when the agency for good cause finds 

that notice and comment are 

impracticable, unnecessary, or contrary 

to the public interest. When an agency 

is not required to publish an NPRM for 

a rule, the RFA does not require an 

agency to prepare a regulatory flexibility 

analysis. The Coast Guard was not 

required to publish an NPRM for this 

rule for the reasons stated in section II. 

‘‘Background Information and 

Regulatory History’’ and therefore is not 

required to publish a regulatory 

flexibility analysis. 

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 Executive Order 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 Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

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. 

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 

temporary safety zone lasting 6 months 

that will prohibit persons and vessels 

from entry into the 300 meters (984 feet) 

safety zone extending in all directions 

around the entry of lava flow into the 

Pacific Ocean. This safety zone is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. A 

Record of Environmental Consideration 

supporting this determination is 

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. 


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45464 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 

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: 

Title 33—Navigation and Navigable 

Waters 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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. 

■ 2. Add § 165.T14–0172 to read as 

follows: 

§ 165.T14–0172 Safety Zone; Pacific 

Ocean, Kilauea Lava Flow Ocean Entry on 

Southeast Side of Island of Hawaii, HI. 

(a) Location. The safety zone area is 

located within the Captain of the Port 

(COTP) Zone (see 33 CFR 3.70–10) and 

it encompasses one primary area from 

the surface of the water to the ocean 

floor at the Kilauea active lava flow 

entry into the Pacific Ocean on the 

southeast side of the Island of Hawaii, 

HI. The entry point of the lava does 

change based on flow; however, the 

safety zone will encompass all waters 

extending 300 meters (984 feet) in all 

directions around the entry point of lava 

flow into the ocean associated with the 

lava flow at the Kamokuna lava delta. 

(b) Enforcement period. This rule is 

effective from September 28, 2017, 

through March 28, 2018. 

(c) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer or other officer 

on a Coast Guard vessel or a Federal, 

State, or local officer designated by or 

assisting the COTP in the enforcement 

of the safety zones. 

(d) Regulations. The general 

regulations governing safety zones 

contained in § 165.23 apply to the safety 

zone created by this temporary final 

rule. 

(1) All persons and vessels are 

required to comply with the general 

regulations governing safety zones 

found in this part. 

(2) Entry into or remaining in this 

safety zone is prohibited unless 

authorized by the COTP Honolulu or his 

designated representative. 

(3) Persons or vessels desiring to 

transit the safety zone identified in 

paragraph (a) of this section may contact 

the COTP Honolulu through his 

designated representatives at the 

Command Center via telephone: 808– 

842–2600 and 808–842–2601; fax: 808– 

842–2642; or on VHF channel 16 (156.8 

Mhz) to request permission to transit the 

safety zone. All safety zone transit 

requests must be in writing. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the COTP Honolulu or 

his designated representative and 

proceed at the minimum speed 

necessary to maintain a safe course 

while in the safety zone. 

(4) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

Dated: September 25, 2017. 

M.C. Long, 

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

Port Honolulu. 

[FR Doc. 2017–20902 Filed 9–28–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2017–0874] 

Safety Zone; Allegheny River Miles 

0.0–1.0, Pittsburgh, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the subject safety zone for the Pittsburgh 

Downtown Partnership/Light Up Night 

Fireworks on all navigable waters of the 

Allegheny River miles 0.0 to 1.0, 

extending the entire width of the river. 

The zone is needed to protect vessels 

transiting the area and event spectators 

from the hazards associated with the 

barge-based fireworks display. During 

the enforcement period, entry into, 

transiting, or anchoring in the safety 

zone is prohibited to all vessels not 

registered with the sponsor as 

participants or official patrol vessels, 

unless specifically authorized by the 

Captain of the Port Marine Safety Unit 

Pittsburgh (COTP) or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.801 Table 1, Sector Ohio Valley, No. 

37 will be enforced on November 17, 

2017. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email MST1 

Jennifer Haggins, Marine Safety Unit 

Pittsburgh, U.S. Coast Guard; telephone 

412–221–0807, email 

Jennifer.L.Haggins@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone for 

the Pittsburgh Downtown Partnership/ 

Light Up Night Fireworks on the 

Allegheny River, listed in 33 CFR 

165.801 Table 1, Sector Ohio Valley, No. 

37 on November 17, 2017. Entry into the 

safety zone is prohibited unless 

authorized by the COTP or a designated 

representative. Persons or vessels 

desiring to enter into or passage through 

the safety zone must request permission 

from the COTP or a designated 

representative. If permission is granted, 

all persons and vessels shall comply 

with the instructions of the COTP or 

designated representative. 

This notice of enforcement is issued 

under authority of 33 CFR 165.801 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 

this enforcement period via Local 

Notice to Mariners and updates via 

Marine Information Broadcasts. 

Dated: September 14, 2017. 

L. McClain, Jr., 

Commander, U.S. Coast Guard, Captain of 

the Port Marine Safety Unit Pittsburgh. 

[FR Doc. 2017–20931 Filed 9–28–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2017–0679] 

Safety Zone; North Atlantic Ocean, 

Ocean City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation; change of enforcement date. 

SUMMARY: On August 7, 2017, the Coast 

Guard provided notice in the Federal 

Register that the agency would enforce 


asabaliauskas on DSKBBXCHB2PROD with RULES