[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Rules and Regulations]
[Pages 1345-1346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-293]


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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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