[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Rules and Regulations]
[Pages 68098-68101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28445]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0615]
RIN 1625-AA00
Safety Zone; Fourth Annual Chillounge Night St. Petersburg
Fireworks Display, Tampa Bay, St. Petersburg, FL
AGENCY: Coast Guard, DHS.
[[Page 68099]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Tampa Bay in St. Petersburg, Florida during the Fourth Annual
Chillounge Night St. Petersburg Fireworks Display on Saturday, November
19, 2011. The safety zone is necessary to protect the public from the
hazards associated with launching fireworks over navigable waters of
the United States. Persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone
unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
DATES: This rule is effective from 9:30 p.m. until 10:45 p.m. on
November 19, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0615 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0615 in the ``Keyword''
box, and then clicking ``Search.'' This material is 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 email Marine Science Technician First
Class Nolan L. Ammons, Sector St. Petersburg Prevention Department,
Coast Guard; telephone (813) 228-2191, email [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
On July 26, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Fourth Annual Chillounge Night St.
Petersburg Fireworks Display, Tampa Bay, St. Petersburg, FL in the
Federal Register (76 FR 44531). We received no comments on the proposed
rule. No public meeting was requested, and none was held.
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. Due to the dangers posed by the
pyrotechnics used in these fireworks displays, the safety zones are
necessary to provide for the safety of event participants, spectator
craft, and other vessels transiting the event areas. For the safety
concerns noted, it is in the public interest to have these regulations
in effect during the events. This rule is intended to ensure the safety
of the event participants, spectators and other waterway users, thus
any delay in the rule's effective date would be impractical.
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. 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.
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 Comments and Changes
The Coast Guard did not receive any comments to the proposed rule,
and no changes were made to the regulatory text.
Discussion of Rule
On November 19, 2011, a fireworks display is scheduled to take
place during the Fourth Annual Chillounge Night St. Petersburg, an
annual outdoor party, in St. Petersburg, Florida. The fireworks, which
will be launched from Spa Beach Park, will explode over the waters of
Tampa Bay. The fireworks display is scheduled to commence at 10 p.m.
and conclude at approximately 10:05 p.m.
This rule establishes a temporary safety zone that encompasses
certain waters of Tampa Bay in the vicinity of Spa Beach in St.
Petersburg, Florida. The temporary safety zone will be enforced from
9:30 p.m. on November 19, 2011, 30 minutes prior to the scheduled
commencement of the fireworks display at approximately 10 p.m., to
ensure the safety zone is clear of persons and vessels. Enforcement of
the safety zone would cease at 10:45 p.m. on November 19, 2011, 40
minutes after the scheduled conclusion of the fireworks display, to
account for possible delays. Persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zone unless authorized by the Captain of the Port St. Petersburg
or a designated representative. Persons and vessels may request
authorization to enter, transit through, anchor in, or remain within
the safety zone by contacting the Captain of the Port St. Petersburg by
telephone at 727-824- 7524, or a designated representative via VHF
radio on channel 16, to request authorization. The Coast Guard will
provide notice of the safety zone 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.
Regulatory Planning and Review
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This rule is not a significant regulatory action
under section 3(f) of Executive Order 12866. Accordingly, this rule has
not been reviewed by the Office of Management and Budget.
The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for less than
two hours; (2) vessel traffic in the area will be minimal during the
enforcement period; (3) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the safety zone
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 zone 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 zone 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
[[Page 68100]]
whether this rule will 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 that portion of
Tampa Bay encompassed within the safety zone from 9:30 p.m. until 10:45
p.m. on November 19, 2011. For the reasons discussed in the Regulatory
Planning and Review 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), in the NPRM 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 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 might
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 13211.3
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 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 that 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 establishing a temporary safety
zone, as described in paragraph 34(g) of the Instruction, which will be
enforced for less than two hours. 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:
[[Page 68101]]
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. 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.T07-0615 to read as follows:
Sec. 165.T07-0615 Safety Zone; Fourth Annual Chillounge Night St.
Petersburg Fireworks Display, Tampa Bay, St. Petersburg, FL.
(a) Regulated area. The following regulated area is a safety zone:
All waters of Tampa Bay within a 200 yard radius of position
27[deg]46'31'' N, 82[deg]37'38'' W. All coordinates are North American
Datum 1983.
(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
area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area 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 area 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 request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area 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 area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Effective date. This rule is effective from 9:30 p.m. until
10:45 p.m. on November 19, 2011.
Dated: October 13, 2011.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2011-28445 Filed 11-2-11; 8:45 am]
BILLING CODE 9110-04-P