[Federal Register: February 18, 2003 (Volume 68, Number 32)]
[Rules and Regulations]
[Page 7701-7703]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe03-2]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Miami 03-011]
RIN 2115-AA97
Safety Zone: Julia Tuttle Fireworks, Biscayne Bay, Miami Beach,
FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary fixed safety zone
in Biscayne Bay one mile north of Julia Tuttle Causeway, Miami Beach,
FL. The safety zone is established to protect boaters from the hazards
associated with the Julia Tuttle fireworks display being held in
Biscayne Bay. This rule is necessary to ensure safety of life on the
navigable waters of the United States.
DATES: This safety zone is effective from 8 p.m. on March 6, 2003 until
11 p.m. on March 6, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket COTP Miami 03-011 and are available for inspection
or copying at Marine Safety Office Miami, 100 MacArthur Causeway, Miami
Beach, FL 33139 between 8 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FUTHER INFORMATION CONTACT: BM1 D. Vaughn and/or BM3 A. Harless at
Coast Guard Group Miami, ATON/Deck Miami Beach, FL, at (305) 535-4317.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NRPM. Publishing a NPRM and delaying
the rule's effective date is unnecessary and contrary to public safety
because immediate action is necessary to protect the public and waters
of the United
[[Page 7702]]
States. Moreover, a NPRM is unnecessary due to the limited amount of
time this rule will be in effect.
For the same reasons, 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.
Background and Purpose
The Coast Guard is establishing a temporary safety zone
encompassing a 840-foot circle surrounding a barge in approximate
position 25[deg]49'47'' N, 080[deg]10'39'' W in Biscayne Bay for the
Julia Tuttle fireworks display. This rule is needed to increase safety
in Biscayne Bay from 8 p.m. March 6, 2003, to 10 p.m. on March 6, 2003,
during the Julia Tuttle fireworks display due to the significant number
of vessels in the area for this event. The safety zone is created to
provide for the safety of the spectator craft in the vicinity of
Biscayne Bay one mile north of Julia Tuttle Causeway, Miami Beach, FL.
Vessels are prohibited from anchoring, mooring, or transiting within
this zone, unless authorized by the Captain of the Port Miami. The
safety zone encompasses the waters of Biscayne Bay one mile north of
Julia Tuttle Causeway.
Regulatory Evaluation
This regulation is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential cost and benefits under
section 6(a)(3) of that order. The Office of Management and Budget has
exempted it from review under the order. It is not significant under
the regulatory policies and procedures of the Department of
Transportation (DOT) (44 FR 11040; February 26, 1979) because these
regulations will only be in effect for a short period of time, and the
impacts on routine navigation are expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. ``Small entities'' include
small businesses, not-for-profit organizations that are independently
owned and operated and are not dominate in their field, and
governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under section 605(b) that this rule will
not have a significant economic impact upon a substantial number of
small entities because the regulations will only be in effect for 2
hours and vessels may be allowed to transit the zone with the express
permission of the Captain of the Port of Miami.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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. If the rule
will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
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 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).
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 implication 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 safety that may disproportionately
affect children.
Environment
The Coast Guard has considered the environmental impact of this
action and has determined under figure 2-1, paragraph 34(g) Commandant
Instruction M16475.1D, that this rule is categorically excluded from
further environmental documentation.
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 7703]]
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
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(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Temporary Sec. 165.T07-011 is added to read as follows:
Sec. 165.T07-011 Safety Zone: Biscayne Bay one mile North of Julia
Tuttle Causeway, Miami Beach, FL.
(a) Regulated area. The Coast Guard is establishing a temporary
safety zone encompassing a 840-foot circle surrounding a barge in
approximate position 25[deg]49'47''N, 80[deg]10'39''W in Biscayne Bay
one mile North of Julia Tuttle Causeway for the Julia Tuttle fireworks
display.
(b) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, anchoring, mooring or transiting in this
zone is prohibited unless authorized by the Coast Guard Captain of the
Port, Miami, FL.
(c) Effective dates: This rule is effective from 8 p.m. on March 6,
2003 until 10 p.m. on March 6, 2003.
Dated: January 29, 2003.
J.A. Watson,
Commander, U. S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 03-3769 Filed 2-14-03; 8:45 am]