[Federal Register Volume 73, Number 229 (Wednesday, November 26, 2008)]
[Rules and Regulations]
[Pages 71923-71926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28150]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0984]
RIN 1625-AA00


Safety Zone, Bayfront Park New Year's Eve Celebration, Biscayne 
Bay, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a Safety Zone east of the 
Intracoastal Waterway at the Port of Miami, Florida for the Bayfront 
Park New Year's Eve Ceremony. This temporary zone is intended to 
restrict vessels from entering waters within the zone unless 
specifically authorized by the Captain of the Port Miami, Florida, or a 
designated representative. This rule is necessary to provide for the 
safety of life on the navigable waters of the United States, and 
protect participants, spectators, and mariner traffic from potential 
hazards associated with

[[Page 71924]]

launching fireworks over the navigable waters of the United States.

DATES: This rule is effective from 11:59 p.m. on December 31, 2008 to 1 
a.m. on January 1, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0984 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at 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 at 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 Lieutenant 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 fireworks display on the dates and times this rule will 
be in effect and delay would be contrary to the public interest. A 
Coast Guard Patrol Commander will be available and the Coast Guard will 
also issue a Broadcast Notice to Mariners. This temporary rule is 
necessary to ensure the safety of participants, spectators, and the 
general public on the navigable waters of the United States.
    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

    Firepower Displays Unlimited will be sponsoring the Bayfront Park 
New Year's Eve Celebration. The event will be held from 11:59 p.m. on 
December 31, 2008 to 1 a.m. on January 1, 2009. The public is invited 
to attend. 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 
east of the Intracoastal Waterways of the Port of Miami, 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 surrounding the 
fireworks barge east of the Intracoastal Waterways of Miami, Florida. A 
375 yard radius safety zone encompassing the waters surrounding the 
fireworks barge east of the Intracoastal Waterway is necessary to 
protect participants as well as spectators from hazards associated with 
the fireworks display. The fireworks barge will be located in position 
25[deg]46'23'' N, 080[deg]10'57'' W. All vessels and persons are 
prohibited from anchoring, mooring, or transiting within this zone 
unless authorized by the Captain of the Port Miami, Florida or a 
designated representative. The temporary safety zone will protect the 
participants and the public from the dangers associated with the event. 
This regulation will be effective from 11:59 p.m. on Wednesday, 
December 31, 2008 to 1 a.m. on Thursday, January 01, 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.
    This expectation is based on the fact that this regulation will 
only be in effect for a short period of time and the impact on routine 
navigation is expected to be minimal. For the above reasons, the Coast 
Guard does not anticipate any significant economic impact.

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 this zone between 11:59 p.m. on December 31, 2008 and 1 a.m. on 
January 1, 2009. This safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: This rule will only be in effect for a short period of time 
and the impact on routine navigation is expected to be minimal.

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

[[Page 71925]]

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 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 will be available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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 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.T08-0984 is added to read as follows:


Sec.  165.T08-0984  Safety Zone, Bayfront Park New Year's Eve 
Celebration, Biscayne Bay, Florida.

    (a) Regulated areas. The Coast Guard is establishing a temporary 
safety zone on the waters of the Intracoastal Waterway, in the Port of 
Miami, Florida, that encompasses the area within a 375 yard radius of 
the fireworks barge located in approximate position: 25[deg]46'23'' N, 
080[deg]10'57'' W. The safety zone is within the boundaries of the 
Intracoastal Waterway in the Port of Miami, Florida. 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 Miami, Florida 
(COTP) 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 a 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 event, and departure of 
participants from the regulated area, the Coast Guard Patrol Commander 
may permit traffic to resume normal operations.
    (3) The public will be informed of this regulation by a Coast Guard 
Patrol Commander on scene and through a Broadcast Notice to Mariners.
    (d) Enforcement Period. This temporary safety zone will be 
effective between the hours of 11:59 p.m., Wednesday, December 31, 2008 
and 1 a.m., Thursday, January 1, 2009.


[[Page 71926]]


    Dated: October 30, 2008.
J.O. Fitton,
Captain, U.S. Coast Guard, Captain of the Port Miami, FL.
[FR Doc. E8-28150 Filed 11-25-08; 8:45 am]
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