[Federal Register: December 30, 2008 (Volume 73, Number 250)]
[Rules and Regulations]
[Page 79639-79641]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de08-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-1120]
RIN 1625-AA00
Safety Zone; Flagler Museum New Year's Eve Celebration Fireworks
Display, West Palm Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Flagler Museum New Year's Eve Celebration fireworks display on the
Intracoastal Waterway in West Palm Beach, Florida. This temporary
safety zone will restrict vessels from interfering with the fireworks
display. This regulation is necessary to provide for the safety of life
on navigable waters of the United States and protect participants,
spectators, and mariner traffic from potential hazards associated with
the event.
DATES: This rule is effective from 11:55 p.m. on Wednesday, December
31, 2008 until 1 a.m. on Thursday, January 1, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-1120 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2008-1120
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
two locations: the Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays, and Sector Miami, 100
MacArthur Causeway, Miami Beach, FL 33139 between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call LT Paul Steiner, Coast Guard Sector, Miami,
Florida at (305) 535-8724. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary 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 immediate action is necessary to
ensure the safety of commercial and recreational vessels in the
vicinity of the
[[Page 79640]]
fireworks display on the dates and times this rule will be in effect
and delay would be contrary to the public interest, since immediate
action is needed to ensure the public's safety.
For the same reasons 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.
Background and Purpose
Fireworks by Grucci is sponsoring the Flagler Museum New Year's Eve
Celebration fireworks display. The fireworks display event will be held
between the hours of 11:55 p.m. on Wednesday, December 31, 2008 and 1
a.m. on Thursday, January 1, 2009. The public is invited to attend. The
approximate positions for the two fireworks display barges are
26[deg]42'34'' N, 080[deg]02'50'' W and 26[deg]42'33'' N,
080[deg]02'47'' W. The high concentration of event participants,
spectators, and the general boating public presents an extra hazard to
the safety of life on the navigable waters of the United States. A
regulated area on the Intracoastal Waterway in West Palm Beach, Florida
is necessary to protect participants as well as spectators from hazards
associated with the event.
Discussion of Rule
This rule establishes a temporary safety zone for the Flagler
Museum New Year's Eve Celebration fireworks display in the Intracoastal
Waterway in West Palm Beach, Florida. A 370-yard radius safety zone
encompassing the waters surrounding the fireworks barges is necessary
to protect participants as well as spectators from hazards associated
with the fireworks display. The approximate positions for the two
fireworks display barges are 26[deg]42'34'' N, 080[deg]02'50'' W and
26[deg]42'33'' N, 080[deg]02'47'' W. No person or vessel may anchor,
moor, or transit a safety zone without permission of the Captain of the
Port Miami, Florida or his designated representative. Traffic may
resume normal operations at the completion of the event as determined
by the Coast Guard Patrol Commander. This regulation will be in effect
from 11:55 p.m. on Wednesday, December 31, 2008 to 1 a.m. on Thursday,
January 1, 2009.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
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. This regulation 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 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 will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit or anchor in the Intracoastal Waterway in West Palm Beach,
Florida between 11:55 p.m. on Wednesday, December 31, 2008 and 1 a.m.
on Thursday, January 1, 2009. This temporary safety zone will not have
a significant economic impact on a substantial number of small entities
for the following reasons. This rule will be in effect for only 1 hour.
Vessels may pass through the regulated area with the permission of the
Coast Guard Patrol Commander.
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.
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.
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 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.
[[Page 79641]]
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 Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction 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.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicates 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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T07-1120 to read as follows:
Sec. 165.T07-1120 Safety Zone; Flagler Museum New Year's Eve
Celebration fireworks display, West Palm Beach, Florida.
(a) Regulated area. A temporary safety zone is established for the
Flagler Museum New Year's Eve Celebration fireworks display in West
Palm Beach, Florida. The 370 yard radius safety zone encompasses the
waters surrounding the fireworks barges. The approximate positions for
the two fireworks display barges are 26[deg]42'34'' N, 080[deg]02'50''
W and 26[deg]42'33' N, 080[deg]02'47'' 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 Miami, Florida in
the enforcement of regulated navigation areas, safety zones, and
security zones.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, no person or vessel may anchor, moor or transit a safety
zone without permission of the Captain of the Port Miami, Florida or
his designated representative. To request permission to enter into a
safety zone, the Captain of the Port's designated representative may be
contacted on VHF channel 16.
(2) At the completion of scheduled parade, and departure of
participants from the regulated area, the Coast Guard Patrol Commander
may permit traffic to resume normal operations.
(d) Effective Dates. This rule is effective from 11:55 p.m. on
Wednesday, December 31, 2008 to 1 a.m. on Thursday, January 1, 2009.
Dated: November 28, 2008.
J.O. Fitton,
Captain, U.S. Coast Guard, Captain of the Port, Miami, Florida.
[FR Doc. E8-30878 Filed 12-29-08; 8:45 am]
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