[Federal Register: January 7, 2005 (Volume 70, Number 5)]
[Rules and Regulations]
[Page 1345-1346]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja05-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Jacksonville 04-134]
RIN 1625-AA00
Safety Zone; Indian River, Cocoa Village Mardi Gras, Cocoa, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary fixed safety zone
on the Indian River at Lee Wenner Park, Cocoa, FL. This safety zone is
for the Cocoa Village Mardi Gras firework display and is needed to
protect participants, vendors, and spectators from the hazards
associated with the launching of fireworks. Entry into this safety zone
is prohibited unless authorized by the Captain of the Port.
DATES: This rule is effective from 11:30 p.m. on February 26, 2005,
until 12:30 a.m. on February 27, 2005.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket, are part of docket [COTP Jacksonville 04-134] 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 Junior Grade Carol M.
Swinson at Coast Guard Marine Safety Office, Jacksonville, FL, tel:
(904) 232-2640, ext. 155.
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 NPRM. Publishing a NPRM, which would
incorporate a comment period before a final rule could be issued, and
delaying the rule's effective date is contrary to public safety because
immediate action is necessary to protect the public and waters of the
United States.
The Coast Guard will issue a broadcast notice to mariners and may
place Coast Guard vessels in the vicinity of this zone to advise
mariners of the restriction.
Background and Purpose
This rule is needed to protect spectator craft in the vicinity of
the fireworks presentation from the hazards associated with the
transport, storage, and launching of fireworks. Anchoring, mooring, or
transiting within this zone is prohibited, unless authorized by the
Captain of the Port, Jacksonville, FL. The temporary safety zone
encompasses all waters within a 700-foot radius of the fireworks
platform at Lee Wenner Park during the storage, preparation, transport,
and launching of fireworks. During the fireworks show, the platform
will be located at approximate position 28[deg]21.03' N, 080[deg]43.13'
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 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 Homeland
Security (DHS) 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 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 regulation will only be enforced
for approximately one hour and the impact on routine navigation is
expected to be minimal because traffic may transit safely around the
zone and traffic may enter upon permission of the Captain of the Port
or his representative.
[[Page 1346]]
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. 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 and annually
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 safety that may disproportionately
affect children.
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 (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. Under figure 2-1, paragraph (34)(g), of the Instruction,
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
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 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. 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.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR 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.T07-134 is added to read as follows:
165.T07-134 Safety Zone Cocoa Village Mardi Gras, Cocoa, FL
(a) Regulated area. The Coast Guard is establishing a temporary
safety zone on the Indian River, Cocoa, FL. The safety zone includes
all waters within in a 700-foot radius of the fireworks platform
located at position 28[deg]21.03' N, 080[deg]43.13' W located at Lee
Wenner Park.
(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 Jacksonville, Florida.
(c) Dates. This rule is effective from 11:30 p.m., February 26,
2005, until 12:30 a.m. on February 27, 2005.
Dated: November 16 2004.
David. L. Lersch,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 05-293 Filed 1-6-05; 8:45 am]
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