[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Rules and Regulations]
[Pages 78154-78156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32352]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1091]
RIN 1625-AA00


Safety Zones; New Year's Eve Fireworks Displays Within the 
Captain of the Port Miami Zone, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing three temporary safety zones 
during New Year's Eve fireworks displays on certain navigable waterways 
in Miami Beach and West Palm Beach, Florida. These safety zones are 
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 any of the three safety zones unless authorized 
by the Captain of the Port Miami or a designated representative.

DATES: This rule is effective from 11:59 p.m. on December 31, 2011 
until 12:30 a.m. on January 1, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-1091 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1091 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 email Lieutenant Jennifer S. Makowski 
Sector Miami Prevention Department, Coast Guard; telephone (305) 535-
8724, 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

    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 December 
2, 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.
    For the same reason discussed 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.

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, 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 New Year's Eve 
celebrations throughout the Captain of the Port Miami Zone. The 
fireworks will be launched from barges and will explode over navigable 
waters of the United States.
    The Coast Guard is establishing three temporary safety zones for 
New Year's Eve fireworks displays on Saturday, December 31, 2011 on 
navigable waters of the Captain of the Port Miami Zone. The three 
safety zones are listed below.
    1. Miami Beach, Florida. All waters within a 374 yard radius around 
the barge from which the fireworks will be launched, located 275 yards 
east of Bay Front Park. This safety zone will be enforced from 11:59 
p.m. on December

[[Page 78155]]

31, 2011 until 12:30 a.m. on January 1, 2012.
    2. Miami Beach, Florida. All waters within a 234 yard radius around 
the barge from which the fireworks will be launched, located 650 yards 
north east of Star Island. This safety zone will be enforced from 11:59 
p.m. on December 31, 2011 until 12:30 a.m. on January 1, 2012.
    3. West Palm Beach, Florida. All waters within a 280 yard radius 
around the barge from which the fireworks will be launched, located 650 
yards north of Royal Park Bascule Bridge. This safety zone will be 
enforced from 11:59 p.m. on December 31, 2011 until 12:30 a.m. on 
January 1, 2012.
    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. If authorization to enter, transit through, anchor in, 
or remain within any of the safety zones 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. 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.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review, 
and 12866, Regulatory Planning and 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 has not been designated a significant regulatory 
action under section 3(f) of Executive Order 12866. Accordingly, the 
Office of Management and Budget has not reviewed this regulation under 
Executive Order 12866.
    The economic impact of this rule is not significant for the 
following reasons: (1) The safety zones will be enforced for a total of 
31 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 
Miami or a designated representative, they may operate in the 
surrounding areas during the enforcement period; (4) persons and 
vessels may still enter, transit through, anchor in, or remain within 
the safety zones during the enforcement period 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 three 
safety zones established by this regulation during the respective 
enforcement period. 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), 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.

[[Page 78156]]

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 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 three temporary safety 
zones, as described in paragraph 34(g) of the Instruction, that will be 
enforced for a total of 31 minutes. 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.T07-1091 to read as follows:


Sec.  165.T07-1091  Safety Zones; New Year's Eve 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) Miami Beach, FL. All waters within a 374 yard radius around the 
barge from which the fireworks will be launched, located on Biscayne 
Bay in approximate position 25[deg]46'19'' N, 80[deg]10'34'' W. This 
regulated area will be enforced from 11:59 p.m. on December 31, 2011 
until 12:30 a.m. on January 1, 2012.
    (2) Miami Beach, FL. All waters within a 234 yard radius around the 
barge from which the fireworks will be launched, located on Biscayne 
Bay in approximate position 25[deg]46'54'' N, 80[deg]08'42'' W. This 
regulated area will be enforced from 11:59 p.m. on December 31, 2011 
until 12:30 a.m. on January 1, 2012.
    (3) West Palm Beach, FL. All waters within a 280 yard radius around 
the pier from which the fireworks will be launched, located on the 
Intracoastal Waterway in approximate position 26[deg]42'32'' N, 
80[deg]02'48'' W. This regulated area will be enforced from 11:59 p.m. 
on December 31, 2011 until 12:30 a.m. on January 1, 2012.
    (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 any of 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 
any of 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 Date. This rule is effective from 11:59 p.m. on 
December 31, 2011 until 12:30 a.m. on January 1, 2012.

    Dated: December 6, 2011.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2011-32352 Filed 12-15-11; 8:45 am]
BILLING CODE 9110-04-P