[Federal Register Volume 68, Number 107 (Wednesday, June 4, 2003)]
[Rules and Regulations]
[Pages 33396-33398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14022]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard CFR 33 CFR 165

[COTP Miami 03-073]
RIN 1625-AA00


Safety Zone; The Grand Opening Miami One, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary fixed safety zone 
in Biscayne Bay in Miami, FL. The safety zone is established to protect 
boaters from the hazards associated with the Grand Opening of Miami One 
fireworks display being held in Biscayne Bay in Miami. This rule is 
necessary to ensure safety of life on the navigable waters of the 
United States.

DATES: This safety zone is effective from 9 p.m. on June 5, 2003 until 
10 p.m. on June 5, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket COTP Miami 03-073 and are available for inspection 
or copying at Marine Safety Office Miami, 100 MacArthur Causeway, Miami 
Beach, Fl 33139 between 8 a.m. and 4 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: BMC D. Vaughn and/or BM3 A. Harless at 
Coast Guard Group Miami, ATON/Deck Miami Beach, FL, tel: (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 rule's effective date is unnecessary and contrary to public safety 
because immediate action is necessary to protect the public and waters 
of the United States. Moreover, a NPRM is unnecessary due to the 
limited amount of time this rule will be in effect.
    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

    The Coast Guard is establishing a temporary safety zone 
encompassing a 1300-foot circle surrounding a barge in approximate 
position 25[deg]45.40 N, 080[deg] 10.24 W in Biscayne Bay in Miami for 
the Grand Opening of Miami One fireworks display. This rule is needed 
to increase safety in Miami from 9 p.m. June 5, 2003 to 10 p.m. on June 
5, 2003 during the Grand Opening of Miami One fireworks display due to 
the significant number of vessels in the area for this event. The 
safety zone is created to provide for the safety of the spectator craft 
in the vicinity of Biscayne Bay in Miami, FL. Vessels are prohibited 
from anchoring, mooring, or transiting within this zone, unless 
authorized by the Captain of the Port Miami. The safety zone 
encompasses the area in Biscayne Bay in Miami, FL.
    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

[[Page 33397]]

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 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 2 
hours and vessels may be allowed to transit the zone with the express 
permission of the Captain of the Port of Miami.

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 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 implication 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

    The Coast Guard has considered the environmental impact of this 
action and has determined under figure 2-1, paragraph 34(g) Commandant 
Instruction M16475.1D, that this rule is categorically excluded from 
further environmental documentation.

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.

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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.


0
2. Temporary Sec.  165.T07-073 is added to read as follows:


Sec.  165.T07-073  Safety Zone: Biscayne Bay Miami, FL.

    (a) Regulated area. The Coast Guard is establishing a temporary 
safety zone encompassing a 1300-foot circle surrounding a barge in 
approximate position 25[deg]45.40 N, 80[deg]10.24 W in Biscayne Bay in 
Miami for the Grand Opening of Miami One fireworks display.
    (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, Miami, FL.
    (c) Effective dates: This rule is effective from 9 p.m. on June 5, 
2003 until 10 p.m. on June 5, 2003.


[[Page 33398]]


    Dated: May 27, 2003.
James A. Watson, IV,
Captain, U. S. Coast Guard, Captain of the Port Miami.
[FR Doc. 03-14022 Filed 6-3-03; 8:45 am]
BILLING CODE 4910-15-P