[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Rules and Regulations]
[Pages 33157-33160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14318]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0439]
RIN 1625-AA00


Safety Zones; July 4th Fireworks Displays Within the Captain of 
the Port Miami Zone, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones during 
Fourth of July fireworks events on the navigable waterways of Bal 
Harbour, Boynton Beach, Deerfield Beach, Delray Beach, Fort Lauderdale, 
Hollywood, Key Biscayne, Lauderdale by the Sea, Miami Beach, Pompano 
Beach, Stuart, and West Palm Beach, Florida. These safety zones are 
necessary to protect the public from the

[[Page 33158]]

hazards associated with launching fireworks over the navigable waters 
of the United States. Persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within any of the safety 
zones unless authorized by the Captain of the Port Miami or a 
designated representative.

DATES: This rule is effective from 8:30 p.m. until 9:45 p.m. on July 4, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0439 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0439 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or e-mail Lieutenant Paul A. Steiner, Sector 
Miami Prevention Department, Coast Guard; telephone 305-535-8724, e-
mail [email protected]. 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 the Coast Guard did not receive 
necessary information regarding the fireworks displays until May 16, 
2011. As a result, the Coast Guard did not have sufficient time to 
publish an NPRM and to receive public comments prior to the fireworks 
displays. Any delay in the effective date of this rule would be 
contrary to the public interest because immediate action is needed to 
minimize potential danger to the public during the fireworks displays.
    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. Immediate action is necessary in 
order to restrict vessel movement and ensure maritime public safety 
during this fireworks display.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 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; Public Law 107-295, 116 
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect the public from the hazards 
associated with the launching of fireworks over navigable waters of the 
United States.

Discussion of Rule

    Multiple fireworks displays are planned for the Fourth of July 
celebration throughout the Captain of the Port Miami Zone. The 
fireworks will be launched from land, piers, or barges. Whether 
launched from land, pier, or barge, such fireworks will explode over 
navigable waters of the United States.
    The Coast Guard is establishing twelve temporary safety zones for 
fireworks displays on July 4, 2011 within the navigable waters of the 
Captain of the Miami Zone. The safety zones are listed below.
    1. Bal Harbour, Florida. All waters within a 280 yard radius around 
the pier from which the fireworks will be launched, located on the 
Atlantic Ocean. This safety zone will be enforced from 9 p.m. until 
9:30 p.m.
    2. Boynton Beach, Florida. All waters within a 374 yard radius 
around the barge from which the fireworks will be launched, located on 
the Intracoastal Waterway. This safety zone will be enforced from 8:30 
p.m. until 9:30 p.m.
    3. Deerfield Beach, Florida. All waters within a 467 yard radius 
around the pier from which the fireworks will be launched, located on 
the Atlantic Ocean. This safety zone will be enforced from 9 p.m. until 
9:30 p.m.
    4. Delray Beach, Florida. All waters within a 467 yard radius 
around the barge from which the fireworks will be launched, located on 
the Atlantic Ocean. This safety zone will be enforced from 8:30 p.m. 
until 9:30 p.m.
    5. Fort Lauderdale, Florida. All waters within a 374 yard radius 
around the barge from which the fireworks will be launched, located on 
the Atlantic Ocean. This safety zone will be enforced from 9 p.m. until 
9:45 p.m.
    6. Hollywood, Florida. All waters within a 467 yard radius around 
the barge from which the fireworks will be launched, located on the 
Atlantic Ocean. This safety zone will be enforced from 9 p.m. until 
9:45 p.m.
    7. Key Biscayne, Florida. All waters within a 560 yard radius 
around the barge from which the fireworks will be launched, located on 
Biscayne Bay. This safety zone will be enforced from 8:30 p.m. until 
9:30 p.m.
    8. Lauderdale by the Sea, Florida. All waters within a 187 yard 
radius around the pier from which the fireworks will be launched, 
located on the Atlantic Ocean. This safety zone will be enforced from 9 
p.m. until 9:30 p.m.
    9. Miami Beach, Florida. All waters within a 280 yard radius around 
the area from which the fireworks will be launched, located adjacent to 
the Atlantic Ocean. This safety zone will be enforced from 9 p.m. until 
9:30 p.m.
    10. Pompano Beach, Florida. All waters within a 374 yard radius 
around the barge from which the fireworks will be launched, located on 
the Atlantic Ocean. This safety zone will be enforced from 9 p.m. until 
9:30 p.m.
    11. Stuart, Florida. All waters within a 560 yard radius around the 
barge from which the fireworks will be launched, located on the St. 
Lucie River. This safety zone will be enforced from 9 p.m. until 9:30 
p.m.
    12. West Palm Beach, Florida. All waters within a 280 yard radius 
around the barge from which the fireworks will be launched, located on 
the Intracoastal Waterway. This safety zone will be enforced from 9 
p.m. until 9:45 p.m.
    Persons and vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within any of the safety zones 
unless authorized by the Captain of the Port Miami or a designated 
representative. Persons and vessels desiring to enter, transit through, 
anchor in, or remain within any of the safety zones may contact the 
Captain of the Port Miami by telephone at 305-535-4472, or a designated 
representative via VHF radio on channel 16, to request authorization. 
The Coast Guard will provide notice of the safety zones by Local Notice 
to Mariners, Broadcast Notice to Mariners, and on-scene designated 
representatives.

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.

[[Page 33159]]

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, 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.
    The economic impact of this rule is not significant for the 
following reasons: (1) Each safety zone will be enforced for a maximum 
of one hour; (2) vessel traffic in the areas are expected to be minimal 
during the enforcement period; (3) although persons and vessels will 
not be able to enter, transit through, anchor in, or remain within any 
of the safety zones without authorization from the Captain of the Port 
Miami or a designated representative, they may operate in the 
surrounding area during the enforcement period; (4) persons and vessels 
may still enter, transit through, anchor in, or remain within the 
safety zones if authorized by the Captain of the Port Miami or a 
designated representative; and (5) the Coast Guard will provide advance 
notification of the safety zones to the local maritime community by 
Local Notice to Mariners and Broadcast Notice to Mariners.

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 
enter, transit through, anchor in, or remain within any of the safety 
zones described in this regulation during the respective enforcement 
period. For the reasons discussed in the Executive Order 12866 and 
Executive Order 13563 section above, this rule will not have a 
significant economic impact on a substantial number of small entities.

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 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.

[[Page 33160]]

    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 023-01 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 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves the establishment of 
twelve temporary safety zones to protect the public on navigable waters 
of the United States. An environmental analysis checklist and a 
categorical exclusion determination are 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, Waterways.

    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 a temporary Sec.  165.T07-0439 to read as follows:


Sec.  165.T07-0439  Safety Zones; July 4th Fireworks Displays within 
the Captain of the Port Miami Zone, FL.

    (a) Regulated Areas. The following regulated areas are safety 
zones, with the specific enforcement period for each safety zone. All 
coordinates are North American Datum 1983.
    (1) Bal Harbour, FL. All waters within a 280 yard radius around the 
pier from which the fireworks will be launched, located on the Atlantic 
Ocean at approximate position 25[deg]53'57.51'' N, 80[deg]07'14.06'' W. 
This regulated area will be enforced from 9 p.m. until 9:30 p.m. on 
July 4, 2011.
    (2) Boynton Beach, FL. All waters within a 374 yard radius around 
the barge from which the fireworks will be launched, located on the 
Intracoastal Waterway at approximate position 26[deg]32'52.22'' N, 
80[deg]02'57.26'' W. This regulated area will be enforced from 8:30 
p.m. until 9:30 p.m. on July 4, 2011.
    (3) Deerfield Beach, FL. All waters within a 467 yard radius around 
the pier from which the fireworks will be launched, located on the 
Atlantic Ocean at approximate position 26[deg]18'58.96'' N, 
80[deg]04'21.87'' W. This regulated area will be enforced from 9 p.m. 
until 9:30 p.m. on July 4, 2011.
    (4) Delray Beach, FL. All waters within a 467 yard radius around 
the barge from which the fireworks will be launched, located on the 
Atlantic Ocean at approximate position 26[deg]27'41.40'' N, 
80[deg]3'11.40'' W. This regulated area will be enforced from 8:30 p.m. 
until 9:30 p.m. on July 4, 2011.
    (5) Fort Lauderdale, FL. All waters within a 374 yard radius around 
the barge from which the fireworks will be launched, located on the 
Atlantic Ocean at approximate position 26[deg]07'08.72'' N, 
80[deg]06'02.72'' W. This regulated area will be enforced from 9 p.m. 
until 9:45 p.m. on July 4, 2011.
    (6) Hollywood, FL. All waters within a 467 yard radius around the 
barge from which the fireworks will be launched, located on the 
Atlantic Ocean at approximate position 26[deg]01'10.00'' N, 
80[deg]06'38.00'' W. This regulated area will be enforced from 9 p.m. 
until 9:45 p.m. on July 4, 2011.
    (7) Key Biscayne, FL. All waters within a 560 yard radius around 
the barge from which the fireworks will be launched, located on 
Biscayne Bay at approximate position 25[deg]41'25.20'' N, 
80[deg]09'13.70'' W. This regulated area will be enforced from 8:30 
p.m. until 9:30 p.m. on July 4, 2011.
    (8) Lauderdale by the Sea, FL. All waters within a 187 yard radius 
around the pier from which the fireworks will be launched, located on 
the Atlantic Ocean at approximate position 26[deg]11'20.98'' N, 
80[deg]05'32.48'' W. This regulated area will be enforced from 9 p.m. 
until 9:30 p.m. on July 4, 2011.
    (9) Miami Beach, FL. All waters within a 280 yard radius around the 
area from which the fireworks will be launched, located adjacent to the 
Atlantic Ocean at approximate position 25[deg]46'38.08'' N, 
80[deg]07'46.37'' W. This regulated area will be enforced from 9 p.m. 
until 9:30 p.m. on July 4, 2011.
    (10) Pompano Beach, FL. All waters within a 374 yard radius around 
the barge from which the fireworks will be launched, located on the 
Atlantic Ocean at approximate position 26[deg]14'03.12'' N, 
80[deg]05'05.79'' W. This regulated area will be enforced from 9 p.m. 
until 9:30 p.m. on July 4, 2011.
    (11) Stuart, FL. All waters within a 560 yard radius around the 
barge from which the fireworks will be launched, located on the St. 
Lucie River at approximate position 27[deg]12'13.00'' N, 
80[deg]15'20.00'' W. This regulated area will be enforced from 9 p.m. 
until 9:30 p.m. on July 4, 2011.
    (12) West Palm Beach, FL. All waters within a 280 yard radius 
around the barge from which the fireworks will be launched, located on 
the Intracoastal Waterway at approximate position 26[deg]42'31.00'' N, 
80[deg]02'54.00'' W. This regulated area will be enforced from 9 p.m. 
until 9:45 p.m. on July 4, 2011.
    (b) Definition. The term ``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 in the enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated areas unless authorized by the Captain of the Port Miami or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas may contact the Captain of the 
Port Miami by telephone at 305-535-4472, or a designated representative 
via VHF radio on channel 16, to request authorization. If authorization 
to enter, transit through, anchor in, or remain within the regulated 
areas is granted by the Captain of the Port Miami or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Miami or a 
designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives. (d) Effective Dates. This rule is effective 
from 8:30 p.m. on July 4, 2011 until 9:45 p.m. on July 4, 2011.

    Dated: June 1, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2011-14318 Filed 6-6-11; 4:15 pm]
BILLING CODE 9110-04-P