[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41809-41810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15224]



[[Page 41809]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0529]
RIN 1625-AA00


Safety Zone; 4th of July Firework Celebration; Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the 4th of July Firework Celebration on Saturday, July 4, 2016. The 
safety zone will encompass a 300 yard radius around the White Street 
Pier in Key West Harbor. The safety zone is necessary to ensure the 
safety of spectators and the general public during the event. Persons 
and vessels, except those participating in the event, are prohibited 
from entering, transiting through, anchoring in, or remaining within 
the regulated area unless authorized by the Captain of the Port Key 
West or a designated representative.

DATES: This rule is effective on July 4, 2016. This rule will be 
enforced from 6 p.m. until 10:30 p.m. on July 4, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0529 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Petty Officer Jason D. Herbert, Sector Key West 
Prevention Department, U.S. Coast Guard; telephone (305)292-8772, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

DHS Department of Homeland Security
NPRM Notice of proposed rulemaking

II. Background Information and Regulatory History

    The Coast Guard is issuing this 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 we did not receive notice of this 
event until May 20, 2016. It is therefore, impracticable to publish a 
NPRM because this rule must be implemented by July 4, 2016, to ensure 
the safety of spectators and the general public during this event.
    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.

III. Legal Authority and Need for Rule

    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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to provide for the safety of life on the 
navigable waters of the United States during the 4th of July Firework 
Celebration.

IV. Discussion of the Rule

    On July 4, 2016, the Key West Rotary Club is hosting the 4th of 
July Firework celebration. The event will consist of approximately 45 
Minutes of fireworks in Key West Harbor with an estimated 150 spectator 
vessels.
    This rule establishes a safety zone that will encompass certain 
navigable waters of the Key West Harbor. The safety zone will be 
enforced from 6 p.m. until 10:30 p.m. on July 4, 2016.
    Persons and vessels may request authorization to enter the special 
local regulated area by contacting the Captain of the Port Key West by 
telephone at (305) 433-0954 or (305) 292-8727 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 special local regulated area is granted by the Captain of the Port 
Key West or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
Captain of the Port Key West or a designated representative.

V. 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.

A. 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 
zone will be enforced for four and a half hours; (2) the safety zone 
will be short in duration with no prolonged waterway impact; (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 Key West 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 zone during the 
enforcement period if authorized by the Captain of the Port Key West or 
a designated representative; and (5) the Coast Guard will provide 
advance notification of the safety zone to the local maritime community 
by Marine Safety Information Bulletin, and Broadcast Notice to 
Mariners.

B. 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 any of the 
regulated area 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. Under section 213(a) of the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Pub.

[[Page 41810]]

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 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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. 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 (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 a safety zone that will be enforced from 
6 p.m. until 10:30 p.m. on July 4, 2016. It 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.

G. 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.

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 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. Add a temporary Sec.  165.T07-0529 to read as follows:


Sec.  165.T07-0529  Safety Zone; 4th of July Firework Celebration, Key 
West, FL.

    (a) Regulated Area. The following regulated area is a safety zone. 
A 300 yard radius from the end of White Street Pier.
    (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 Key West in the enforcement of the regulated area.
    (c) Regulations. (1) Non-participant persons and vessels are 
prohibited from entering the race area. Non-participant persons and 
vessels may request authorization to enter, transit through, anchor in, 
or remain within the regulated area by contacting the Captain of the 
Port Key West by telephone at (305) 433-0954 or (305) 292-8727 or a 
designated representative via VHF radio on channel 16. If authorization 
is granted by the Captain of the Port Key West or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Key West 
or a designated representative.
    (2) The Coast Guard will provide notice of the safety zone by 
Marine Safety Information Bulletin, Broadcast Notice to Mariners and 
on-scene designated representatives.
    (d) Enforcement period. This rule will be effective on July 4, 
2016, and will be enforced from 6 p.m. until 10:30 p.m. July 4, 2016.

    Dated: June 22, 2016.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2016-15224 Filed 6-27-16; 8:45 am]
 BILLING CODE 9110-04-P