[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79639-79641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30878]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1120]
RIN 1625-AA00


Safety Zone; Flagler Museum New Year's Eve Celebration Fireworks 
Display, West Palm Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the Flagler Museum New Year's Eve Celebration fireworks display on the 
Intracoastal Waterway in West Palm Beach, Florida. This temporary 
safety zone will restrict vessels from interfering with the fireworks 
display. This regulation is necessary to provide for the safety of life 
on navigable waters of the United States and protect participants, 
spectators, and mariner traffic from potential hazards associated with 
the event.

DATES: This rule is effective from 11:55 p.m. on Wednesday, December 
31, 2008 until 1 a.m. on Thursday, January 1, 2009.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-1120 and are available online 
by going to http://www.regulations.gov, selecting the Advanced Docket 
Search option on the right side of the screen, inserting USCG-2008-1120 
in the Docket ID box, pressing Enter, and then clicking on the item in 
the Docket ID column. They are also available for inspection or copying 
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 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 LT 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

[[Page 79640]]

fireworks display on the dates and times this rule will be in effect 
and delay would be contrary to the public interest, since immediate 
action is needed to ensure the public's safety.
    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

    Fireworks by Grucci is sponsoring the Flagler Museum New Year's Eve 
Celebration fireworks display. The fireworks display event will be held 
between the hours of 11:55 p.m. on Wednesday, December 31, 2008 and 1 
a.m. on Thursday, January 1, 2009. The public is invited to attend. The 
approximate positions for the two fireworks display barges are 
26[deg]42'34'' N, 080[deg]02'50'' W and 26[deg]42'33'' N, 
080[deg]02'47'' W. 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 on the Intracoastal Waterway in West Palm Beach, 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 for the Flagler 
Museum New Year's Eve Celebration fireworks display in the Intracoastal 
Waterway in West Palm Beach, Florida. A 370-yard radius safety zone 
encompassing the waters surrounding the fireworks barges is necessary 
to protect participants as well as spectators from hazards associated 
with the fireworks display. The approximate positions for the two 
fireworks display barges are 26[deg]42'34'' N, 080[deg]02'50'' W and 
26[deg]42'33'' N, 080[deg]02'47'' W. No person or vessel may anchor, 
moor, or transit a safety zone without permission of the Captain of the 
Port Miami, Florida or his designated representative. Traffic may 
resume normal operations at the completion of the event as determined 
by the Coast Guard Patrol Commander. This regulation will be in effect 
from 11:55 p.m. on Wednesday, December 31, 2008 to 1 a.m. on Thursday, 
January 1, 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.
    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. This regulation will only be in effect for a 
short period of time and the impact on routine navigation is expected 
to be minimal.

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 or anchor in the Intracoastal Waterway in West Palm Beach, 
Florida between 11:55 p.m. on Wednesday, December 31, 2008 and 1 a.m. 
on Thursday, January 1, 2009. This temporary safety zone will not have 
a significant economic impact on a substantial number of small entities 
for the following reasons. This rule will be in effect for only 1 hour. 
Vessels may pass through the regulated area with the permission of the 
Coast Guard Patrol Commander.

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 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 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 risk to safety that may 
disproportionately affect children.

[[Page 79641]]

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 are available in the docket where indicates under 
ADDRESSES.

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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T07-1120 to read as follows:


Sec.  165.T07-1120  Safety Zone; Flagler Museum New Year's Eve 
Celebration fireworks display, West Palm Beach, Florida.

    (a) Regulated area. A temporary safety zone is established for the 
Flagler Museum New Year's Eve Celebration fireworks display in West 
Palm Beach, Florida. The 370 yard radius safety zone encompasses the 
waters surrounding the fireworks barges. The approximate positions for 
the two fireworks display barges are 26[deg]42'34'' N, 080[deg]02'50'' 
W and 26[deg]42'33' N, 080[deg]02'47'' W.
    (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 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 
his 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 parade, and departure of 
participants from the regulated area, the Coast Guard Patrol Commander 
may permit traffic to resume normal operations.
    (d) Effective Dates. This rule is effective from 11:55 p.m. on 
Wednesday, December 31, 2008 to 1 a.m. on Thursday, January 1, 2009.

    Dated: November 28, 2008.
J.O. Fitton,
Captain, U.S. Coast Guard, Captain of the Port, Miami, Florida.
[FR Doc. E8-30878 Filed 12-29-08; 8:45 am]
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