[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Rules and Regulations]
[Pages 36204-36206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10047]


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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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