[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Rules and Regulations]
[Pages 38015-38018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16324]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0350]
RIN 1625-AA00


Safety Zones; July 4th Weekend Fireworks Displays Within the 
Captain of the Port St. Petersburg Zone, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones during 
the Fourth of July weekend fireworks events on the navigable waterways 
of Anna Maria, Fort Myers Beach, Longboat Key, Madeira Beach, Naples, 
Palmetto, Sarasota, St. Petersburg, and Palm Harbor, Florida. These 
safety zones are necessary to protect the public from the 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 St. Petersburg or a 
designated representative.

DATES: This rule is effective from 8:30 p.m. on July 2, 2011 until 
10:30 p.m. on July 4, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0350 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0350 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management

[[Page 38016]]

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 Marine Science Technician First 
Class Jo A. Hoover, Sector St. Petersburg Prevention Department, Coast 
Guard; telephone 813-228-2191, 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 April 27, 
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 
display. 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. Any delay in the effective date of 
this rule would expose the public to the dangers posed by the 
pyrotechnics used in the 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; Pub. L. 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 
weekend celebration throughout the Captain of the Port St. Petersburg 
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 ten temporary safety zones for 
Fourth of July weekend fireworks displays within the navigable waters 
of the Captain of the Port St. Petersburg Zone. The safety zones are 
listed below.
    1. Longboat Key, Florida. All waters within a 100 yard radius 
around the barge from which the fireworks will be launched, located 
just offshore of Mar Vista Restaurant in Longboat Key at position 
27[deg]26'13'' N, 82[deg]40'45'' W. This safety zone will be enforced 
from 8:45 p.m. until 10 p.m. on July 2, 2011.
    2. Anna Maria, Florida. All waters within a 120 yard radius around 
the area from which the fireworks will be launched, located on the Gulf 
of Mexico just offshore of Sand Bar Restaurant in Anna Maria at 
position 27[deg]31'35'' N, 82[deg]44'17'' W. This safety zone will be 
enforced from 8:30 p.m. until 10 p.m. on July 4, 2011.
    3. Cape Coral, Florida. All waters within a 240 yard radius around 
the land based location from which the fireworks will be launched, 
located on the Caloosahatchee River to the east side of the Cape Coral 
Bridge at position 26[deg]33'46'' N, 81[deg]55'59'' W. This safety zone 
will be enforced from 8:30 p.m. until 9:50 p.m. on July 4, 2011.
    4. Naples, Florida. All waters within a 200 yard radius around the 
pier from which the fireworks will be launched, located on the Gulf of 
Mexico from the Naples Pier at position 27[deg]07'53'' N, 
81[deg]48'32'' W. This safety zone will be enforced from 8:30 p.m. 
until 10 p.m. on July 4, 2011.
    5. Palmetto, Florida. All waters within a 150 yard radius around 
the area from which the fireworks will be launched, located on the 
Manatee River just off the Green Bridge from the Green Bridge Fishing 
Pier at position 27[deg]30'15'' N, 82[deg]34'19'' W. This safety zone 
will be enforced from 8:30 p.m. until 10:30 p.m. on July 4, 2011.
    6. Sarasota, Florida. All waters within a 125 yard radius around 
the area from which the fireworks will be launched, from a land based 
location on Sarasota Bay at Marina Jacks at position 27[deg]19'55'' N, 
82[deg]32'48'' W. This safety zone will be enforced from 8:30 p.m. 
until 10 p.m. on July 4, 2011.
    7. St. Petersburg, Florida. All waters within a 200 yard radius 
around the area from which the fireworks will be launched, from a land 
based location on Tampa Bay at Spa Beach at position 27[deg]46'31'' N, 
82[deg]37'38'' W. This safety zone will be enforced from 8:30 p.m. 
until 10 p.m. on July 4, 2011.
    8. Fort Myers Beach, Florida. All waters within a 240 yard radius 
around the pier from which the fireworks will be launched, located on 
the Gulf of Mexico from the Fort Myers Beach Public Pier at position 
26[deg]27'6'' N, 81[deg]57'26'' W. This safety zone will be enforced 
from 8:45 p.m. until 10:15 p.m. on July 4, 2011.
    9. Madeira Beach, Florida. All waters within a 95 yard radius 
around the area from which the fireworks will be launched, from a land 
based location on Boca Ciega Bay in the vicinity of the Madeira Beach 
Recreation Center at position 27[deg]48'25'' N, 82[deg]47'58'' W. This 
safety zone will be enforced from 8:45 p.m. until 10 p.m. on July 4, 
2011.
    10. Palm Harbor, Florida. All waters within a 95 yard radius around 
the barge from which fireworks will be launched, located just offshore 
of the entrance to the Ozona Neighborhood entrance in Palm Harbor at 
approximate position 28[deg]03'44'' N, 82[deg]47'07'' W. This zone will 
be enforced from 8:45 p.m. until 11 p.m. on July 3, 2011.
    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 St. Petersburg 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 St. Petersburg via telephone at 
727-824-7524, or a designated representative via VHF radio on channel 
16, to seek 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.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory

[[Page 38017]]

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 two hours and 15 minutes; (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 St. Petersburg 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 
St. Petersburg 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.
    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

[[Page 38018]]

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 
nine 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.T07-0350 to read as follows:


Sec.  165.T07-0350  Safety Zones; July 4th Weekend Fireworks Displays 
Within the Captain of the Port St. Petersburg Zone, FL.

    (a) Regulated Areas. The following navigation areas are safety 
zones, with the specific enforcement period for each safety zone. All 
coordinates are North American Datum 1983.
    (1) Longboat Key, FL. All waters within a 100 yard radius around 
the barge from which the fireworks will be launched, located at 
approximate position 27[deg]26'13'' N, 82[deg]40'45'' W. This regulated 
area will be enforced from 8:45 p.m. until 10 p.m. on July 2, 2011.
    (2) Anna Maria, FL. All waters within a 120 yard radius around the 
area from which the fireworks will be launched, located at approximate 
position 27[deg]31'35'' N, 82[deg]44'17'' W. This regulated area will 
be enforced from 8:30 p.m. until 10 p.m. on July 4, 2011.
    (3) Cape Coral, FL. All waters within a 240 yard radius around the 
land based location from which the fireworks will be launched, located 
at approximate position 26[deg]33'46'' N, 81[deg]55'59'' W. This 
regulated area will be enforced from 8:30 p.m. until 9:50 p.m. on July 
4, 2011.
    (4) Naples, FL. All waters within a 200 yard radius around the pier 
from which the fireworks will be launched, located at approximate 
position 26[deg]07'53'' N, 81[deg]48'32'' W. This regulated area will 
be enforced from 8:30 p.m. until 10 p.m. on July 4, 2011.
    (5) Palmetto, FL. All waters within a 150 yard radius around the 
area from which the fireworks will be launched, located at approximate 
position 27[deg]30'15'' N, 82[deg]34'19'' W. This regulated area will 
be enforced from 8:30 p.m. until 10:30 p.m. on July 4, 2011.
    (6) Sarasota, FL. All waters within a 125 yard radius around the 
area from which the fireworks will be launched, located at approximate 
position 27[deg]19'55'' N, 82[deg]32'48'' W. This regulated area will 
be enforced from 8:30 p.m. until 10 p.m. on July 4, 2011.
    (7) St. Petersburg, FL. All waters within a 200 yard radius around 
the area from which the fireworks will be launched, located at 
approximate position 27[deg]46'31'' N, 82[deg]37'38'' W. This regulated 
area will be enforced from 8:30 p.m. until 10 p.m. on July 4, 2011.
    (8) Fort Myers Beach, FL. All waters within a 240 yard radius 
around the area from which the fireworks will be launched, located at 
approximate position 26[deg]27'06'' N, 81[deg]57'26'' W. This regulated 
area will be enforced from 8:45 p.m. until 10:15 p.m. on July 4, 2011.
    (9) Madeira Beach, FL. All waters within a 95 yard radius around 
the area from which the fireworks will be launched, located at 
approximate position 27[deg]48'25'' N, 82[deg]47'58'' W. This regulated 
area will be enforced from 8:45 p.m. until 10 p.m. on July 4, 2011.
    (10) Palm Harbor, Florida. All waters within a 95 yard radius 
around the barge from which fireworks will be launched, located at 
approximate position 28[deg]03'44'' N, 82[deg]47'07'' W. This regulated 
area will be enforced from 8:45 p.m. until 11 p.m. on July 3, 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 St. Petersburg 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 St. 
Petersburg 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 St. Petersburg by telephone at 727-824-7524, or a designated 
representative via VHF radio on channel 16, to seek authorization. If 
authorization to enter, transit through, anchor in, or remain within 
the regulated areas is granted by the Captain of the Port St. 
Petersburg or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
Captain of the Port St. Petersburg 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 
2, 2011 until 10:30 p.m. on July 4, 2011.

    Dated: June 8, 2011.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2011-16324 Filed 6-28-11; 8:45 am]
BILLING CODE 9110-04-P