[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Rules and Regulations]
[Pages 36213-36215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14905]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0165]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary safety zones 
during Fourth of July firework events on navigable waterways in the 
vicinity of Stuart, West Palm Beach, and Miami, Florida. These safety 
zones are necessary to protect the public from hazards associated with 
launching fireworks over the navigable waters of the United States. 
Non-participant 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 and will be enforced from 8:30 p.m. until 
10:15 p.m. on July 4, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0165]. 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 John K. Jennings, Sector Miami Prevention Department, 
U.S. Coast Guard; telephone (305) 535-4317, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, 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

    On May 6, 2014, a Notice of Proposed Rulemaking (NPRM) entitled 
Safety Zones: July 4th Fireworks Displays within the Captain of the 
Port Miami Zone, FL was published in the Federal Register (79 FR 
25763). 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. Any delay in the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to minimize potential hazards associated with 
launching fireworks over the navigable waters of the United States.

B. Basis and Purpose

    (a) 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; 33 CFR 1.05-1(g), and 160.5; Department of Homeland 
Security Delegation No. 0170.1.
    (b) The purpose of the rule is to provide for the safety of life on 
navigable waters of the United States.

C. Discussion of the Final Rule

    Multiple fireworks display events are planned for Fourth of July 
celebrations throughout the Captain of the Port Miami Zone. The 
fireworks will explode over navigable waters of the United States.
    The Coast Guard is establishing three temporary safety zones for 
fireworks displays on July 4, 2014 on navigable waters of the United 
States within the Captain of the Port Miami Zone based on the location 
and/or size of the events. The safety zones are listed below.
    The first safety zone is in Stuart, Florida. The safety zone 
encompasses all waters within a 400 yard radius around the barge from 
which the fireworks will be launched, located on the St. Lucie River 
north of City Hall.

[[Page 36214]]

This safety zone will be enforced from 8:30 p.m. until 9:45 p.m.
    The second safety zone is in West Palm Beach, Florida. The safety 
zone encompasses all waters within a 300 yard radius around the barge 
from which the fireworks will be launched, located on the Intracoastal 
Waterway north of the Royal Palm Bridge. This safety zone will be 
enforced from 9 p.m. until 10:15 p.m.
    The third safety zone is located at Bayfront Park, Miami, Florida. 
The safety zone encompasses all waters within a 400 yard radius around 
the barge from which the fireworks will be launched, located on the 
waters of Biscayne Bay east of Bayfront Park. This safety zone will be 
enforced from 8:30 p.m. until 9:45 p.m.
    Non-participant 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 may request authorization to enter the safety 
zones by contacting the Captain of the Port Miami by telephone at 305-
535-4472, or a designated representative via VHF radio on channel 16. 
If authorization to enter, transit through, anchor in, or remain within 
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 the 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) Each safety 
zone will be enforced for less than two hours; (2) although non-
participant persons and vessels will not be able to enter, transit 
through, anchor in, or remain within 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; (3) non-participant 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 (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 motor 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 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 (Public Law 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 
section 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 Interference with Constitutionally Protected Property 
Rights.

[[Page 36215]]

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). The Coast Guard 
previously completed a Categorical Exclusion Determination for these 
temporary safety zones in 2013. The regulation for the 2013 occurrences 
is similar in all aspects to this year's regulation with the exception 
of the removal of one event in Deerfield Beach. This display was 
removed from this year's regulation for lack of need due to low vessel 
spectatorship. Since this year's event is similar to the 2013 event and 
regulation, the same Categorical Exclusion Determination is being 
referenced for this year's regulation. The Categorical Exclusion 
Determination is available in the docket folder for USCG-2013-0429 at 
www.regulations.gov. This rule involves establishing safety zones that 
will be enforced from 8:30 p.m. until 10:15 p.m. on July 4, 2014. This 
rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. 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, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add a temporary Sec.  165.T07-0165 to read as follows:


Sec.  165.T07-0165  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. All coordinates are North American Datum 1983.
    (1) Stuart, FL. All waters within a 400 yard radius around the 
barge from which the fireworks will be launched, located on the St. 
Lucie River north of City Hall at approximate position 27[deg]12'09'' 
N, 80[deg]14'20'' W.
    (2) West Palm Beach, FL. All waters within a 300 yard radius around 
the barge from which the fireworks will be launched, located on the 
Intracoastal Waterway north of the Royal Palm Bridge at approximate 
position 26[deg]42'36'' N, 80[deg]02'45'' W.
    (3) Miami, FL. All waters within a 400 yard radius around the barge 
from which the fireworks will be launched, located on the waters of 
Biscayne Bay east of Bayfront Park at approximate position 
25[deg]46'30'' N, 80[deg]10'56'' W.
    (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) Non-participant persons and vessels are prohibited from 
entering, transiting through, anchoring in or remaining within the 
safety zones unless authorized by the Captain of the Port Miami or a 
designated representative.
    (2) Non-participant persons and vessels desiring to enter, transit 
through, anchor in, or remain within 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. If authorization to enter, 
transit through, anchor in, or remain within a safety zone 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 safety zones by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Effective Date. This rule will be enforced from 8:30 p.m. until 
10:15 p.m. on July 4, 2014.

    Dated: June 11, 2014.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2014-14905 Filed 6-25-14; 8:45 am]
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