[Federal Register: June 24, 2005 (Volume 70, Number 121)]
[Rules and Regulations]
[Page 36509-36511]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn05-18]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Jacksonville 05-076]
RIN 1625-AA00
Safety Zone; Indian River, New Smyrna, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone around
a fireworks barge as it launches fireworks in New Smyrna, Florida. The
rule prohibits entry into the safety zone without the permission of the
Captain of the Port Jacksonville or his designated representative. The
rule is needed to protect participants, vendors, and spectators from
the hazards associated with the launching of fireworks.
DATES: This rule is effective from 9 p.m. on June 25, 2005, until 10
p.m. on June 25, 2005.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket (COTP Jacksonville 05-076) and are
available for inspection and copying at Coast Guard Marine Safety
Office Jacksonville, 7820 Arlington Expressway, Suite 400,
Jacksonville, Florida, 32211, between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Jamie Bigbie at Coast Guard
Marine Safety Office Jacksonville, FL, tel: (904) 232-2640, ext. 105.
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, which would
incorporate a comment period before a final rule could be issued and
delay the rule's effective date, is contrary to public interest because
immediate action is necessary to protect the public and waters of the
United States.
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. The Coast Guard will
issue a broadcast notice to mariners and will place Coast Guard vessels
in the vicinity of this zone to advise mariners of the restriction.
[[Page 36510]]
Background and Purpose
This rule is needed to protect spectator craft in the vicinity of
the fireworks presentation from the hazards associated with the
storage, preparation and launching of fireworks. Anchoring, mooring, or
transiting within this zone is prohibited, unless authorized by the
Captain of the Port, Jacksonville, FL or his designated representative.
The temporary safety zone encompasses all waters within 500 yards in
any direction around the fireworks barge during the storage,
preparation and launching of fireworks. During the fireworks show, the
barge will be located at approximate position 29[deg]03[min]00[sec] N,
080[deg]55[min]00[sec] W.
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 costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under the order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS) because these regulations will only be in
effect for a short period of time and the impact on routine navigation
is 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. The term ``small entities''
comprises 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 5 U.S.C. 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 a
short period of time and the impact on routine navigation is expected
to be minimal.
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 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).
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 my
result in the expenditure by State, local, or tribal government, in the
aggregate, or by the private sector of $100,000,000 or more in any one
year. Although 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 affect 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 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.
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 Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969
[[Page 36511]]
(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no
factors in this case that would limit the use of a categorical
exclusion under section 2.B.2 of the Instruction. Therefore, this rule
is categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. A final
``Environmental Analysis Check List'' and a final ``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.
0
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; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary Sec. 165.T07-076 is added to read as follows:
Sec. 165.T07-076 Safety Zone, Indian River, FL.
(a) Regulated area. The Coast Guard is establishing a temporary
safety zone around a fireworks barge on the Indian River, New Smyrna,
Florida. The safety zone includes all waters within 500 yards in any
direction from the fireworks barge located at approximate position
29[deg]03'00'' N, 080[deg]55'00'' W.
(b) Definitions. The following definitions apply to this section:
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 (COTP),
Jacksonville, Florida, in the enforcement of the regulated navigation
areas and security zones
(c) 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 Jacksonville, FL or his designated representative.
(d) Dates. This rule is effective from 9 p.m. on June 25, 2005,
until 10 p.m. on June 25, 2005.
Dated: June 14, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 05-12540 Filed 6-23-05; 8:45 am]
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