[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Proposed Rules]
[Pages 16327-16329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06595]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0983]
RIN 1625-AA00


Safety Zone; Fireworks Displays, Sector Key West, Florida

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish safety zones for certain 
waters within the Sector Key West Captain of the Port (COTP) Zone. This 
action would establish safety zones around firework platforms, 
structures, or barges during the storage, preparation, and launching of 
fireworks. The proposed rule is necessary to provide for the safety of 
the participants, participant vessels, and the general public on the 
navigable waters of the United States during the fireworks displays. 
This proposed rule would allow the Coast Guard to restrict persons and 
vessels, except those participating in the event, from entering, 
transiting through, anchoring in, or remaining within the regulated 
area unless authorized by the COTP Key West or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 4, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0983 using the Federal e-Rulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rulemaking, call or email Lieutenant Scott Ledee, Waterways Management 
Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 
292-8768, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    This proposed rule would establish safety zones around firework 
platforms, structures or barges within the Sector Key West COTP Zone 
during the storage, preparation, and launching of fireworks. Hazards 
from firework displays include accidental discharge of fireworks, 
dangerous projectiles, and falling hot embers or other debris. The COTP 
Key West has determined that potential hazards associated with 
fireworks are a safety concern for anyone within a 500-yard radius of 
the firework platforms, structures, or barges.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 500-yard radius of all firework 
platforms, structures, or barges during the storage, preparation, and 
launching of fireworks. The Coast Guard proposes this rulemaking under 
authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish safety zones on navigable 
waters around firework platforms, structures, or barges within the COTP 
Zone Key West, Florida. The safety zones would include all waters 
within a 500-yard radius of all fireworks launching platforms, 
structures, or barges while engaged in the storage, preparation, and 
launching of fireworks.
    The proposed rule seeks to enhance navigation safety and marine 
environmental protection, reduce the potential for the loss of lives 
and property, and ensure the safety of vessel and workers from hazards 
associated with fireworks operations in the regulated area.
    No vessel or person would be permitted to enter the safety zone 
without obtaining permission from the COTP Key West or a designated 
representative. The proposed regulatory text appears at the end of this 
document.
    Notice of enforcement and suspension of enforcement will be made by 
all appropriate means to affect the widest distribution among the 
affected segments of the public. Such means of notification may 
include, but are not limited to, Broadcast Notice to Mariners, Local 
Notice to Mariners, or notices on the U. S. Coast Guard Homeport Web 
site.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    Although this proposed rule may restrict access to small portions 
of the waterway within the Sector Key West COTP Zone, the effect of 
this regulation would not be significant for the following reasons: (1) 
The safety zones would only be enforced during limited time intervals 
while firework display operations present a hazard; (2) vessels may be 
authorized to enter the regulated areas with permission of the COTP Key 
West or a designated representative; and (3) advanced notification of 
closures will be made via Local Notice to Mariners, Broadcast to 
Mariners, and the U. S. Coast Guard Homeport Web site.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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

[[Page 16328]]

fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zones may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves the 
establishment of safety zones. Normally such actions are categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of 
Commandant Instruction M16475.lD. A preliminary environmental analysis 
checklist and Categorical Exclusion Determination are 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 proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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; 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.

0
2. Add Sec.  165.785 to read as follows:


Sec.  165.785  Safety Zone; Fireworks Displays, Sector Key West, 
Florida.

    (a) Regulated area. The following area is established as a safety 
zone during the specified conditions: All waters within the Sector Key 
West COTP Zone within a 500-yard radius of all firework platforms, 
structures or barges during

[[Page 16329]]

the storage, preparation, and launching of fireworks. COTP Key West or 
a designated representative may reduce the 500-yard zone based on 
prevailing conditions and enforcement needs.
    (1) The Coast Guard realizes that some large scale events, such as 
those with many participants or spectators, or those that could 
severely restrict navigation pose a significant hazard, may still 
require separate special local regulations or safety zones that address 
the specific peculiarities of the event. In those situations, the Coast 
Guard will create special local regulations or safety zones 
specifically for the event, and those regulations will supersede the 
proposed regulations in this rule.
    (2) All firework platforms, structures, or barges will display a 
sign on both the port and starboard sides labeled, ``FIREWORKS--STAY 
AWAY''. This sign will consist of 10-inch high by 1.5-inch wide red 
lettering on a white background. Shore fireworks sites that affect 
navigable waterways will also display signs with the aforementioned 
specifications.
    (b) Definition. 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 COTP Key West in the 
enforcement of the regulated area.
    (c) Regulations.
    (1) In accordance with Sec.  165.23, entering, transiting through, 
anchoring in, or remaining within the safety zone during periods of 
enforcement is prohibited unless authorized by the COTP Key West or a 
designated representative.
    (2) During periods of enforcement, upon being hailed by a Coast 
Guard vessel by siren, radio, flashing light or other means, the 
operator must proceed as directed.
    (3) Vessel operators desiring to enter, transit through, anchor in, 
or remain or operate within the regulated area during the enforcement 
period shall contact the COTP Key West or the designated on-scene 
representative via VHF channel 16 or call the Sector Key West Command 
Center at (305) 292-8727 to obtain permission.
    (d) Notice of enforcement or suspension of enforcement. The safety 
zone established by this section will be enforced only upon notice of 
the Captain of the Port. The Captain of the Port will cause notice of 
enforcement of the safety zone established by this section to be made 
by all appropriate means to the affected segments of the public 
including publication in the Federal Register as practicable, in 
accordance with 33 CFR 165.7(a). Such means of notification may also 
include, but are not limited to Broadcast Notice to Mariners or Local 
Notice to Mariners.

    Dated: March 28, 2017.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2017-06595 Filed 4-3-17; 8:45 am]
 BILLING CODE 9110-04-P