[Federal Register Volume 66, Number 208 (Friday, October 26, 2001)]
[Rules and Regulations]
[Pages 54138-54140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26993]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07-01-121]
RIN 2115-AE46


Special Local Regulations; Waverly Hotel Fireworks Display, 
Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Temporary special local regulations are being established for 
a fireworks display for the Waverly Hotel Opening in Biscayne Bay, 
Miami, FL. These regulations prohibit unauthorized vessels from 
entering the regulated area. These regulations are needed to provide 
for the safety of life on navigable waters during the event.

DATES: This rule is effective from 7 p.m. to 10 p.m. on November 16, 
2001.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD07-01-121 and are available for 
inspection or copying at Coast Guard Group Miami, 100 MacArthur 
Causeway, Miami Beach, Florida, 33139 between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BM1 Daniel C. Vaughn, Coast Guard 
Group Miami, 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 NPRM. Publishing a NPRM and delaying 
the effective date of this regulation would be contrary to public 
safety interests since immediate action is needed to minimize potential 
danger to the public because there will be numerous spectator craft in 
the area where fireworks will be launched. Moreover, a NPRM is 
unnecessary because the regulation will have a minimal impact on the 
public because the regulated area is outside of the shipping channel 
and the regulation is only in effect for 3 hours.

[[Page 54139]]

    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

    These regulations are required to provide for the safety of life on 
navigable waters because of the inherent danger associated with storing 
and launching fireworks near spectator craft. This fireworks display is 
to celebrate the opening of the Waverly Hotel in Miami, FL. These 
regulations prohibit unauthorized vessels from entering the regulated 
area around a fireworks barge in Biscayne Bay on November 16, 2001.

Discussion of Rule

    This rule creates a regulated area around a fireworks barge in 
Biscayne Bay, Miami, Florida. All vessels are required to keep out of 
the regulated area, 1600 feet in diameter around the fireworks barge in 
Biscayne Bay, FL, at approximate position 25 deg.46.618N, 080 deg.08.4W 
unless specifically authorized by the Coast Guard Patrol Commander. All 
coordinates referenced use Datum NAD: 83. This rule is effective from 7 
p.m. until 10 p.m. on November 16, 2001.

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 Transportation 
(DOT) (44 FR 11040, February 26, 1979) because this temporary rule will 
only be in effect for 3 hours.

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.
    This rule may affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in the regulated area in Biscayne Bay, FL from 7 p.m. to 10 
p.m. on November 16, 2001. 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 because the regulation will only 
be in effect for 3 hours.

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 may better evaluate its 
effects on them and participate in the rulemaking process. Small 
entities may contact the person listed under FOR FURTHUR INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking.
    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 Mandate 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. 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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under Figure 2-1, paragraph 34(h) of Commandant 
Instruction M16475.1D, that this rule is categorically excluded from 
further environmental documentation.

[[Page 54140]]

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--[SAFETY OF LIFE ON NAVIGABLE WATERS]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236, 49 CFR 1.46, and 33 CFR 
100.35.

    2. Add Sec. 100.35T-07-121 to read as follows:


Sec. 100.35T-07-121  Waverly Hotel Opening Fireworks Display, Biscayne 
Bay, Miami, FL.

    (a) Regulated area. A regulated area is established 1600 feet in 
diameter around a barge in Biscayne Bay, FL, at approximate position 
25 deg.46.618N, 080 deg.08.4W. All coordinates referenced use Datum 
NAD: 83.
    (b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by Commanding Officer, Coast Guard Station Miami Beach.
    (c) Special local regulations. Unauthorized vessels are prohibited 
from entering the regulated area without the permission of the Coast 
Guard Patrol Commander.
    (d) Dates: This rule is effective from 7 p.m. until 10 p.m. on 
November 16, 2001.

    Dated: October 18, 2001.
D.B. Peterman,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 01-26993 Filed 10-25-01; 8:45 am]
BILLING CODE 4910-15-U