[Federal Register: June 26, 2006 (Volume 71, Number 122)]
[Rules and Regulations]
[Page 36204-36206]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn06-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP St. Petersburg 06-104]
RIN 1625-AA00
Safety Zone; Clearwater Harbor, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Clearwater Harbor, Florida. This rule is necessary to protect
participants and spectators from the hazards associated with the
launching of fireworks over the navigable waters of the United States.
DATES: This rule is effective from 8:30 p.m. through 10 p.m. on July 4,
2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP 06-104] and are available for
inspection or copying at Coast Guard Sector St. Petersburg, Prevention
Department, 155 Columbia Drive, Tampa, Florida 33606-3598 between 7:30
a.m. and 3:30 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: The Waterways Management Division at
Coast Guard Sector St. Petersburg, (813) 228-2191 Ext 8307.
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 an NPRM. Information regarding the
event was not provided with sufficient time to publish an NPRM.
Publishing an NPRM and delaying its effective date would be contrary to
the public interest since immediate action is needed to minimize
potential danger to the public during the fireworks demonstration. The
Coast Guard will issue a broadcast notice to mariners to advise
mariners of the restriction.
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 to advise mariners of the
restriction.
Background and Purpose
The City of Clearwater, Florida is sponsoring a fireworks display
on July 4, 2006 from the Clearwater Memorial Causeway on the west side
of the Clearwater Memorial Bride. Although the fireworks will be
launched from land, the fallout area extends over the Intracoastal
Waterway and a large portion of Clearwater Harbor. This rule is needed
to protect spectator craft in the vicinity of the fireworks
presentation from the hazards associated with the launching of
fireworks. This safety zone is being established to ensure safety of
life during the fireworks display.
Discussion of Rule
The safety zone encompasses the following: All waters from surface
to bottom, within a 300-yard radius of the west side of the Clearwater
Memorial Bridge, approximate position: 27[deg]58'01'' N,
082[deg]48'15'' W. Vessels are prohibited from anchoring, mooring, or
transiting within this zone, unless authorized by the Captain of the
Port St. Petersburg or his designated representative. The zone will be
enforced from 8:30 p.m. until 10 p.m. on July 4, 2006.
Regulatory Evaluation
This rule 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 that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. The rule will only
[[Page 36205]]
be enforced for one-and-one-half hours in an area and during a time
when vessel traffic is minimal. Moreover, vessels may still enter the
safety zone with the express permission of the Captain of the Port St.
Petersburg or his designated representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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 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
transit Clearwater Harbor in the vicinity of the Clearwater Memorial
Causeway. This safety zone will not have a significant economic impact
on a substantial number of small entities for the following reasons:
This rule will be enforced in a location where traffic is minimal and
for a limited time; and traffic will be allowed to enter the zone with
the permission of the Captain of the Port St. Petersburg or his
designated representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. Small
entities may contact the office listed under FOR FURTHER INFORMATION
CONTACT for assistance in understanding and participating in this
rulemaking. We also have a point of contact for commenting on actions
by employees of the Coast Guard. 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 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 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 a 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
and Department of Homeland Security Management Division 5100.0, 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. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.
[[Page 36206]]
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; 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.T07-104 is added to read as follows:
Sec. 165.T07-104 Safety Zone; Clearwater Harbor, Florida.
(a) Regulated area. The Coast Guard is establishing a temporary
safety zone on the waters of Clearwater Harbor, Florida, that includes
all the waters from surface to bottom, within a 300 yard radius of the
west side of the Clearwater Memorial Bridge, centered at the following
coordinates: 27[deg]58'01'' N, 082[deg]48'15'' W. All coordinates
referenced use datum: NAD 83.
(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, St. Petersburg, in
the enforcement of regulated navigation areas and safety and security
zones.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, no person or vessel may anchor, moor, or
transit the Regulated Area without permission of the Captain of the
Port St Petersburg, Florida, or his designated representative.
(d) Dates. This rule will be enforced from 8:30 p.m. until 10 p.m.
on July 4, 2006.
Dated: June 9, 2006.
E.A. Pepper,
Commander, U.S. Coast Guard, Captain of the Port St. Petersburg,
Florida, Acting.
[FR Doc. E6-10047 Filed 6-23-06; 8:45 am]
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