[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75557-75559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30752]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-1041]
RIN 1625-AA00
Safety Zones; New Year's Eve 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 three temporary safety zones
during New Year's Eve fireworks displays on certain navigable waterways
in Biscayne Bay and Palm Beach, Florida. These safety zones are
necessary to protect the public from the hazards associated with
launching fireworks over navigable waters of the United States. Persons
and vessels are prohibited from entering, transiting through, anchoring
in, or remaining within any of the three safety zones unless authorized
by the Captain of the Port Miami or a designated representative.
DATES: This rule is effective from 10:00 p.m. December 31, 2012 until
12:30 a.m. January 1, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-1041. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 rule,
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami
Prevention Department, Coast Guard; telephone (305) 535-7576, email
[email protected]. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 all
Marine Event Permit Application information regarding the fireworks
displays until November 16, 2012. 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.
For the same reason discussed above, 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.
B. 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. 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.
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.
C. Discussion of Rule
Multiple fireworks displays are planned for New Year's Eve
celebrations throughout the Captain of the Port Miami Zone. The
fireworks will be launched from barges and will explode over navigable
waters of the United States.
The Coast Guard is establishing three temporary safety zones for
New Year's Eve fireworks displays on Monday, December 31, 2012 on
navigable waters of the Captain of the Port Miami Zone. The three
safety zones are listed below.
[[Page 75558]]
1. Miami, Florida. All waters within a 280 yard radius around the
barge from which the fireworks will be launched, located 200 yards east
of Bay Front Park. This safety zone will be enforced from 10:00 p.m. on
December 31, 2012 until 12:30 a.m. on January 1, 2013.
2. Miami Beach, Florida. All waters within a 280 yard radius around
the barge from which the fireworks will be launched, located 650 yards
northeast of Star Island, and west of the Mondrian Hotel in Miami
Beach, FL. This safety zone will be enforced from 10:00 p.m. on
December 31, 2012 until 12:30 a.m. on January 1, 2013.
3. West Palm Beach, Florida. All waters within a 280 yard radius
around the barge from which the fireworks will be launched, located 650
yards north of Royal Park Bascule Bridge. This safety zone will be
enforced from 10:00 p.m. on December 31, 2012 until 12:30 a.m. on
January 1, 2013.
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.
If authorization to enter, transit through, anchor in, or remain within
any of the safety zones 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. The Coast Guard will provide
notice of the safety zones by Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene designated representatives.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. 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. The economic impact of
this rule is not significant for the following reasons: (1) The safety
zones will be enforced for a maximum of 2 and a half hours each; (2)
non-participant persons and vessels may enter, transit through, anchor
in, or remain within the safety zones if authorized by the Captain of
the Port Miami or a designated representative; (3) non-participant
persons and vessels not authorized by the Captain of the Port Miami or
designated representative to enter, transit through, anchor in, or
remain within the safety zones may operate in the surrounding area
during the enforcement periods; and (4) 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.
2. 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. 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 the
three safety zones established by this regulation during the respective
enforcement period.
For the reasons discussed in the Regulatory Planning and Review
section above, this rule will not have a significant economic impact on
a substantial number of small entities.
3. Assistance for Small Entities
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,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and
[[Page 75559]]
Interference with Constitutionally Protected Property Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 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 the creation of three temporary safety
zones that will be enforced for a total of 31 minutes. This rule is
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion 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.
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; 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.T07-1041 to read as follows:
Sec. 165.T07-1041 Safety Zones; New Year's Eve Fireworks Displays
within the Captain of the Port Miami Zone, FL.
(a) Regulated Areas. The following regulated areas are safety
zones:
(1) Miami, FL. All waters within a 280 yard radius around the barge
from which the fireworks will be launched, located on Biscayne Bay in
approximate position 25[deg]46'32'' N, 80[deg]10'56'' W. This regulated
area will be enforced from 10:00 p.m. on December 31, 2012 until 12:30
a.m. on January 1, 2013.
(2) Miami Beach, FL. All waters within a 280 yard radius around the
barge from which the fireworks will be launched, located on Biscayne
Bay in approximate position 25[deg]46'55'' N, 80[deg]08'41'' W. This
regulated area will be enforced from 10:00 p.m. on December 31, 2012
until 12:30 a.m. on January 1, 2013.
(3) Palm Beach, FL. All waters within a 280 yard radius around the
barge from which the fireworks will be launched, located on
Intracoastal Waterway in approximate position 26[deg]42'32'' N,
80[deg]02'48'' W. This regulated area will be enforced from 10:00 p.m.
on December 31, 2012 until 12:30 a.m. on January 1, 2013.
(b) Palm Beach, FL. All waters within a 280 yard radius around the
barge from which the fireworks will be launched, located in the
Intracoastal Waterway in approximate position 26[deg]42'32'' N,
80[deg]02'48'' W. This regulated area will be enforced from 10:00 p.m.
on December 31, 2012 until 12:30 a.m. on January 1, 2013.
(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 Date. This rule is effective from 10:00 p.m. on
December 31, 2012 until 12:30 a.m. on January 1, 2013.
Dated: December 7, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-30752 Filed 12-20-12; 8:45 am]
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