[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41809-41810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15224]
[[Page 41809]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2016-0529]
RIN 1625-AA00
Safety Zone; 4th of July Firework Celebration; Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the 4th of July Firework Celebration on Saturday, July 4, 2016. The
safety zone will encompass a 300 yard radius around the White Street
Pier in Key West Harbor. The safety zone is necessary to ensure the
safety of spectators and the general public during the event. Persons
and vessels, except those participating in the event, are prohibited
from entering, transiting through, anchoring in, or remaining within
the regulated area unless authorized by the Captain of the Port Key
West or a designated representative.
DATES: This rule is effective on July 4, 2016. This rule will be
enforced from 6 p.m. until 10:30 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-
2016-0529 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 Chief Petty Officer Jason D. Herbert, Sector Key West
Prevention Department, U.S. Coast Guard; telephone (305)292-8772, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
II. Background Information and Regulatory History
The Coast Guard is issuing this 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 we did not receive notice of this
event until May 20, 2016. It is therefore, impracticable to publish a
NPRM because this rule must be implemented by July 4, 2016, to ensure
the safety of spectators and the general public during this event.
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.
III. Legal Authority and Need for Rule
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; 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.
The purpose of the rule is to provide for the safety of life on the
navigable waters of the United States during the 4th of July Firework
Celebration.
IV. Discussion of the Rule
On July 4, 2016, the Key West Rotary Club is hosting the 4th of
July Firework celebration. The event will consist of approximately 45
Minutes of fireworks in Key West Harbor with an estimated 150 spectator
vessels.
This rule establishes a safety zone that will encompass certain
navigable waters of the Key West Harbor. The safety zone will be
enforced from 6 p.m. until 10:30 p.m. on July 4, 2016.
Persons and vessels may request authorization to enter the special
local regulated area by contacting the Captain of the Port Key West by
telephone at (305) 433-0954 or (305) 292-8727 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 special local regulated area is granted by the Captain of the Port
Key West or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Key West or a designated representative.
V. 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.
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. The economic impact of
this rule is not significant for the following reasons: (1) The safety
zone will be enforced for four and a half hours; (2) the safety zone
will be short in duration with no prolonged waterway impact; (3)
although persons and vessels will not be able to enter, transit
through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Key West or a designated
representative, they may operate in the surrounding areas during the
enforcement period; (4) persons and vessels may still enter, transit
through, anchor in, or remain within the safety zone during the
enforcement period if authorized by the Captain of the Port Key West or
a designated representative; and (5) the Coast Guard will provide
advance notification of the safety zone to the local maritime community
by Marine Safety Information Bulletin, and Broadcast Notice to
Mariners.
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.
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
regulated area 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. Under section 213(a) of the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub.
[[Page 41810]]
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 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.
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 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 the creation of a safety zone that will be enforced from
6 p.m. until 10:30 p.m. on July 4, 2016. It is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. 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 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 165.T07-0529 to read as follows:
Sec. 165.T07-0529 Safety Zone; 4th of July Firework Celebration, Key
West, FL.
(a) Regulated Area. The following regulated area is a safety zone.
A 300 yard radius from the end of White Street Pier.
(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 Key West in the enforcement of the regulated area.
(c) Regulations. (1) Non-participant persons and vessels are
prohibited from entering the race area. Non-participant persons and
vessels may request authorization to enter, transit through, anchor in,
or remain within the regulated area by contacting the Captain of the
Port Key West by telephone at (305) 433-0954 or (305) 292-8727 or a
designated representative via VHF radio on channel 16. If authorization
is granted by the Captain of the Port Key West or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Key West
or a designated representative.
(2) The Coast Guard will provide notice of the safety zone by
Marine Safety Information Bulletin, Broadcast Notice to Mariners and
on-scene designated representatives.
(d) Enforcement period. This rule will be effective on July 4,
2016, and will be enforced from 6 p.m. until 10:30 p.m. July 4, 2016.
Dated: June 22, 2016.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2016-15224 Filed 6-27-16; 8:45 am]
BILLING CODE 9110-04-P