[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75557-75559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30752]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1041]
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.

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SUMMARY: The Coast Guard is establishing three temporary safety zones 
during New Year's Eve fireworks displays on certain navigable waterways 
in Biscayne Bay and 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 10:00 p.m. December 31, 2012 until 
12:30 a.m. January 1, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-1041. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami 
Prevention Department, Coast Guard; telephone (305) 535-7576, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 all 
Marine Event Permit Application information regarding the fireworks 
displays until November 16, 2012. 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.

B. 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.

C. 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 Monday, December 31, 2012 on 
navigable waters of the Captain of the Port Miami Zone. The three 
safety zones are listed below.

[[Page 75558]]

    1. Miami, Florida. All waters within a 280 yard radius around the 
barge from which the fireworks will be launched, located 200 yards east 
of Bay Front Park. This safety zone will be enforced from 10:00 p.m. on 
December 31, 2012 until 12:30 a.m. on January 1, 2013.
    2. Miami Beach, Florida. All waters within a 280 yard radius around 
the barge from which the fireworks will be launched, located 650 yards 
northeast of Star Island, and west of the Mondrian Hotel in Miami 
Beach, FL. This safety zone will be enforced from 10:00 p.m. on 
December 31, 2012 until 12:30 a.m. on January 1, 2013.
    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 10:00 p.m. on December 31, 2012 until 12:30 a.m. on 
January 1, 2013.
    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.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    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, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The economic impact of 
this rule is not significant for the following reasons: (1) The safety 
zones will be enforced for a maximum of 2 and a half hours each; (2) 
non-participant persons and vessels may enter, transit through, anchor 
in, or remain within the safety zones if authorized by the Captain of 
the Port Miami or a designated representative; (3) non-participant 
persons and vessels not authorized by the Captain of the Port Miami or 
designated representative to enter, transit through, anchor in, or 
remain within the safety zones may operate in the surrounding area 
during the enforcement periods; and (4) 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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and

[[Page 75559]]

Interference with Constitutionally Protected Property Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that 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 involves the creation of three temporary safety 
zones that will be enforced for a total of 31 minutes. This rule is 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination is available in 
the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

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. 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.T07-1041 to read as follows:


Sec.  165.T07-1041  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:
    (1) Miami, FL. All waters within a 280 yard radius around the barge 
from which the fireworks will be launched, located on Biscayne Bay in 
approximate position 25[deg]46'32'' N, 80[deg]10'56'' W. This regulated 
area will be enforced from 10:00 p.m. on December 31, 2012 until 12:30 
a.m. on January 1, 2013.
    (2) Miami Beach, FL. All waters within a 280 yard radius around the 
barge from which the fireworks will be launched, located on Biscayne 
Bay in approximate position 25[deg]46'55'' N, 80[deg]08'41'' W. This 
regulated area will be enforced from 10:00 p.m. on December 31, 2012 
until 12:30 a.m. on January 1, 2013.
    (3) Palm Beach, FL. All waters within a 280 yard radius around the 
barge from which the fireworks will be launched, located on 
Intracoastal Waterway in approximate position 26[deg]42'32'' N, 
80[deg]02'48'' W. This regulated area will be enforced from 10:00 p.m. 
on December 31, 2012 until 12:30 a.m. on January 1, 2013.
    (b) Palm Beach, FL. All waters within a 280 yard radius around the 
barge from which the fireworks will be launched, located in the 
Intracoastal Waterway in approximate position 26[deg]42'32'' N, 
80[deg]02'48'' W. This regulated area will be enforced from 10:00 p.m. 
on December 31, 2012 until 12:30 a.m. on January 1, 2013.
    (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 Date. This rule is effective from 10:00 p.m. on 
December 31, 2012 until 12:30 a.m. on January 1, 2013.

    Dated: December 7, 2012.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-30752 Filed 12-20-12; 8:45 am]
BILLING CODE 9110-04-P