[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Rules and Regulations]
[Pages 33157-33160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14318]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0439]
RIN 1625-AA00
Safety Zones; July 4th Fireworks Displays Within the Captain of
the Port Miami Zone, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zones during
Fourth of July fireworks events on the navigable waterways of Bal
Harbour, Boynton Beach, Deerfield Beach, Delray Beach, Fort Lauderdale,
Hollywood, Key Biscayne, Lauderdale by the Sea, Miami Beach, Pompano
Beach, Stuart, and West Palm Beach, Florida. These safety zones are
necessary to protect the public from the
[[Page 33158]]
hazards associated with launching fireworks over the navigable waters
of the United States. Persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within any of the safety
zones unless authorized by the Captain of the Port Miami or a
designated representative.
DATES: This rule is effective from 8:30 p.m. until 9:45 p.m. on July 4,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0439 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0439 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 final rule, call or e-mail Lieutenant Paul A. Steiner, Sector
Miami Prevention Department, Coast Guard; telephone 305-535-8724, e-
mail [email protected]. 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 the Coast Guard did not receive
necessary information regarding the fireworks displays until May 16,
2011. As a result, the Coast Guard did not have sufficient time to
publish an NPRM and to receive public comments prior to the fireworks
displays. Any delay in the effective date of this rule would be
contrary to the public interest because immediate action is needed to
minimize potential danger to the public during the fireworks displays.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Immediate action is necessary in
order to restrict vessel movement and ensure maritime public safety
during this fireworks display.
Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
The purpose of the rule is to protect the public from the hazards
associated with the launching of fireworks over navigable waters of the
United States.
Discussion of Rule
Multiple fireworks displays are planned for the Fourth of July
celebration throughout the Captain of the Port Miami Zone. The
fireworks will be launched from land, piers, or barges. Whether
launched from land, pier, or barge, such fireworks will explode over
navigable waters of the United States.
The Coast Guard is establishing twelve temporary safety zones for
fireworks displays on July 4, 2011 within the navigable waters of the
Captain of the Miami Zone. The safety zones are listed below.
1. Bal Harbour, Florida. All waters within a 280 yard radius around
the pier from which the fireworks will be launched, located on the
Atlantic Ocean. This safety zone will be enforced from 9 p.m. until
9:30 p.m.
2. Boynton Beach, Florida. All waters within a 374 yard radius
around the barge from which the fireworks will be launched, located on
the Intracoastal Waterway. This safety zone will be enforced from 8:30
p.m. until 9:30 p.m.
3. Deerfield Beach, Florida. All waters within a 467 yard radius
around the pier from which the fireworks will be launched, located on
the Atlantic Ocean. This safety zone will be enforced from 9 p.m. until
9:30 p.m.
4. Delray Beach, Florida. All waters within a 467 yard radius
around the barge from which the fireworks will be launched, located on
the Atlantic Ocean. This safety zone will be enforced from 8:30 p.m.
until 9:30 p.m.
5. Fort Lauderdale, Florida. All waters within a 374 yard radius
around the barge from which the fireworks will be launched, located on
the Atlantic Ocean. This safety zone will be enforced from 9 p.m. until
9:45 p.m.
6. Hollywood, Florida. All waters within a 467 yard radius around
the barge from which the fireworks will be launched, located on the
Atlantic Ocean. This safety zone will be enforced from 9 p.m. until
9:45 p.m.
7. Key Biscayne, Florida. All waters within a 560 yard radius
around the barge from which the fireworks will be launched, located on
Biscayne Bay. This safety zone will be enforced from 8:30 p.m. until
9:30 p.m.
8. Lauderdale by the Sea, Florida. All waters within a 187 yard
radius around the pier from which the fireworks will be launched,
located on the Atlantic Ocean. This safety zone will be enforced from 9
p.m. until 9:30 p.m.
9. Miami Beach, Florida. All waters within a 280 yard radius around
the area from which the fireworks will be launched, located adjacent to
the Atlantic Ocean. This safety zone will be enforced from 9 p.m. until
9:30 p.m.
10. Pompano Beach, Florida. All waters within a 374 yard radius
around the barge from which the fireworks will be launched, located on
the Atlantic Ocean. This safety zone will be enforced from 9 p.m. until
9:30 p.m.
11. Stuart, Florida. All waters within a 560 yard radius around the
barge from which the fireworks will be launched, located on the St.
Lucie River. This safety zone will be enforced from 9 p.m. until 9:30
p.m.
12. West Palm Beach, Florida. All waters within a 280 yard radius
around the barge from which the fireworks will be launched, located on
the Intracoastal Waterway. This safety zone will be enforced from 9
p.m. until 9:45 p.m.
Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the safety zones
unless authorized by the Captain of the Port Miami or a designated
representative. Persons and vessels desiring to enter, transit through,
anchor in, or remain within any of the safety zones may contact the
Captain of the Port Miami by telephone at 305-535-4472, or a designated
representative via VHF radio on channel 16, to request authorization.
The Coast Guard will provide notice of the safety zones by Local Notice
to Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
[[Page 33159]]
Executive Order 12866 and Executive Order 13563
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, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
The economic impact of this rule is not significant for the
following reasons: (1) Each safety zone will be enforced for a maximum
of one hour; (2) vessel traffic in the areas are expected to be minimal
during the enforcement period; (3) although persons and vessels will
not be able to enter, transit through, anchor in, or remain within any
of the safety zones without authorization from the Captain of the Port
Miami or a designated representative, they may operate in the
surrounding area during the enforcement period; (4) persons and vessels
may still enter, transit through, anchor in, or remain within the
safety zones if authorized by the Captain of the Port Miami or a
designated representative; and (5) the Coast Guard will provide advance
notification of the safety zones to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within any of the safety
zones described in this regulation during the respective enforcement
period. For the reasons discussed in the Executive Order 12866 and
Executive Order 13563 section above, this rule will not have a
significant economic impact on a substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
[[Page 33160]]
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of
twelve temporary safety zones to protect the public on navigable waters
of the United States. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0439 to read as follows:
Sec. 165.T07-0439 Safety Zones; July 4th Fireworks Displays within
the Captain of the Port Miami Zone, FL.
(a) Regulated Areas. The following regulated areas are safety
zones, with the specific enforcement period for each safety zone. All
coordinates are North American Datum 1983.
(1) Bal Harbour, FL. All waters within a 280 yard radius around the
pier from which the fireworks will be launched, located on the Atlantic
Ocean at approximate position 25[deg]53'57.51'' N, 80[deg]07'14.06'' W.
This regulated area will be enforced from 9 p.m. until 9:30 p.m. on
July 4, 2011.
(2) Boynton Beach, FL. All waters within a 374 yard radius around
the barge from which the fireworks will be launched, located on the
Intracoastal Waterway at approximate position 26[deg]32'52.22'' N,
80[deg]02'57.26'' W. This regulated area will be enforced from 8:30
p.m. until 9:30 p.m. on July 4, 2011.
(3) Deerfield Beach, FL. All waters within a 467 yard radius around
the pier from which the fireworks will be launched, located on the
Atlantic Ocean at approximate position 26[deg]18'58.96'' N,
80[deg]04'21.87'' W. This regulated area will be enforced from 9 p.m.
until 9:30 p.m. on July 4, 2011.
(4) Delray Beach, FL. All waters within a 467 yard radius around
the barge from which the fireworks will be launched, located on the
Atlantic Ocean at approximate position 26[deg]27'41.40'' N,
80[deg]3'11.40'' W. This regulated area will be enforced from 8:30 p.m.
until 9:30 p.m. on July 4, 2011.
(5) Fort Lauderdale, FL. All waters within a 374 yard radius around
the barge from which the fireworks will be launched, located on the
Atlantic Ocean at approximate position 26[deg]07'08.72'' N,
80[deg]06'02.72'' W. This regulated area will be enforced from 9 p.m.
until 9:45 p.m. on July 4, 2011.
(6) Hollywood, FL. All waters within a 467 yard radius around the
barge from which the fireworks will be launched, located on the
Atlantic Ocean at approximate position 26[deg]01'10.00'' N,
80[deg]06'38.00'' W. This regulated area will be enforced from 9 p.m.
until 9:45 p.m. on July 4, 2011.
(7) Key Biscayne, FL. All waters within a 560 yard radius around
the barge from which the fireworks will be launched, located on
Biscayne Bay at approximate position 25[deg]41'25.20'' N,
80[deg]09'13.70'' W. This regulated area will be enforced from 8:30
p.m. until 9:30 p.m. on July 4, 2011.
(8) Lauderdale by the Sea, FL. All waters within a 187 yard radius
around the pier from which the fireworks will be launched, located on
the Atlantic Ocean at approximate position 26[deg]11'20.98'' N,
80[deg]05'32.48'' W. This regulated area will be enforced from 9 p.m.
until 9:30 p.m. on July 4, 2011.
(9) Miami Beach, FL. All waters within a 280 yard radius around the
area from which the fireworks will be launched, located adjacent to the
Atlantic Ocean at approximate position 25[deg]46'38.08'' N,
80[deg]07'46.37'' W. This regulated area will be enforced from 9 p.m.
until 9:30 p.m. on July 4, 2011.
(10) Pompano Beach, FL. All waters within a 374 yard radius around
the barge from which the fireworks will be launched, located on the
Atlantic Ocean at approximate position 26[deg]14'03.12'' N,
80[deg]05'05.79'' W. This regulated area will be enforced from 9 p.m.
until 9:30 p.m. on July 4, 2011.
(11) Stuart, FL. All waters within a 560 yard radius around the
barge from which the fireworks will be launched, located on the St.
Lucie River at approximate position 27[deg]12'13.00'' N,
80[deg]15'20.00'' W. This regulated area will be enforced from 9 p.m.
until 9:30 p.m. on July 4, 2011.
(12) West Palm Beach, FL. All waters within a 280 yard radius
around the barge from which the fireworks will be launched, located on
the Intracoastal Waterway at approximate position 26[deg]42'31.00'' N,
80[deg]02'54.00'' W. This regulated area will be enforced from 9 p.m.
until 9:45 p.m. on July 4, 2011.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated areas.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated areas unless authorized by the Captain of the Port Miami or a
designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Miami by telephone at 305-535-4472, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter, transit through, anchor in, or remain within the regulated
areas is granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Miami or a
designated representative.
(3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives. (d) Effective Dates. This rule is effective
from 8:30 p.m. on July 4, 2011 until 9:45 p.m. on July 4, 2011.
Dated: June 1, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2011-14318 Filed 6-6-11; 4:15 pm]
BILLING CODE 9110-04-P