Safety Zones; July 4th Fireworks Displays within the Captain of. SUMMARY: The Coast Guard is establishing three temporary safety

Similar documents
Safety Zone: Marina del Rey Fireworks Show, Santa Monica Bay; SUMMARY: The U.S. Coast Guard is establishing a temporary safety

Safety Zone; Summer in the City Water Ski Show; Fox River, SUMMARY: The Coast Guard is establishing a temporary

SUMMARY: The Coast Guard is establishing temporary safety zones. for multiple locations and dates within the Captain of the Port

Security Zone; 25th Annual North American International Auto Show, SUMMARY: The Coast Guard is establishing a temporary security

SUMMARY: The Coast Guard is establishing a temporary safety zone for all navigable

SUMMARY: The Coast Guard is establishing a temporary safety zone for all navigable

Drawbridge Operation Regulation; Sabine River, near Ruliff, drawbridge operation regulation for the Kansas City

Safety Zone; Lower Niagara River at Niagara Falls, New York. SUMMARY: The Coast Guard proposes to establish regulations for a

DEPARTMENT OF HOMELAND SECURITY. Office of the Secretary. 6 CFR Part 37 RIN 1601-AA74. [Docket No. DHS ]

DEPARTMENT OF TRANSPORTATION X. AGENCY: Office of the Secretary (OST), U.S. Department of Transportation (DOT).


DEPARTMENT OF TRANSPORTATION

Visas: Visa Information Update Requirements under the Electronic Visa Update. SUMMARY: The Department of State is coordinating with the Department of

DEPARTMENT OF TRANSPORTATION

[ P] Exemption from Transportation Worker Identification Credential (TWIC) Expiration Provisions for Certain Individuals Who Hold a Valid TWIC

Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local

DEPARTMENT OF VETERANS AFFAIRS SUMMARY: This document amends the Department of Veterans Affairs (VA) loan

DEPARTMENT OF TRANSPORTATION. National Highway Traffic Safety Administration. [Docket No. NHTSA ]

DEPARTMENT OF TRANSPORTATION. Hours of Service of Drivers: Application for Exemption; SikhsPAC and the North American Punjabiz Trucker Association

AGENCY: United States Patent and Trademark Office, Commerce. SUMMARY: The United States Patent and Trademark Office (USPTO or Office)

ENVIRONMENTAL PROTECTION AGENCY. 40 CFR Part 52. [EPA-R05-OAR ; FRL Region 5] Air Plan Approval; Illinois; Volatile Organic Compounds

[Docket ID: OSM ; S1D1S SS SX064A S180110; S2D2S SS SX064A00 18XS501520]

DEPARTMENT OF TRANSPORTATION

ENVIRONMENTAL PROTECTION AGENCY. 40 CFR Part 52. [EPA-R05-OAR ; FRL Region 5] Air Plan Approval; Illinois; Volatile Organic Compounds

National Indian Gaming Commission

Department of Labor. Part V. Wednesday, July 21, Employment and Training Administration

DEPARTMENT OF HOMELAND SECURITY CUSTOMS AND BORDER PROTECTION. 8 CFR Part 212 RIN 1651-AA97 USCBP

[Docket ID: OSM ; S1D1S SS SX064A S180110; S2D2S SS SX064A00 19XS501520]

BILLING CODE: DEPARTMENT OF HOMELAND SECURITY. U.S. Citizenship and Immigration Services. 8 CFR Parts 214 and 248

Determination of Full Program Adequacy of Washington s Municipal Solid Waste Landfill

40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, 302, and 401. Definition of Waters of the United States Amendment of Effective Date of 2015 Clean

Rules of Practice and Procedures to Formulate or Amend a Marketing Agreement, a

SUMMARY: This proposed rule provides various changes and updates to the. Department of State passport rules. The proposed rule incorporates statutory

SUMMARY: The Chattooga Wild and Scenic River is located in the Nantahala National

Clarification of When Products Made or Derived from Tobacco Are Regulated as Drugs,

ENVIRONMENTAL PROTECTION AGENCY. 40 CFR Part 52. [EPA-R05-OAR ; FRL Region 5]

R.P ADM-9-03 OT:RR:RD:TC H RES DEPARTMENT OF HOMELAND SECURITY BUREAU OF CUSTOMS AND BORDER PROTECTION 19 CFR PART 101

BILLING CODE: DEPARTMENT OF HOMELAND SECURITY. 6 CFR Part 46 DEPARTMENT OF AGRICULTURE. 7 CFR Part 1c DEPARTMENT OF ENERGY.

AGENCY: Enforcement and Compliance, International Trade Administration, Department of

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE. Annual Civil Monetary Penalties Inflation Adjustment

Internal Agency Review of Decisions; Requests for Supervisory Review of Certain. Decisions Made by the Center for Devices and Radiological Health

Defense Federal Acquisition Regulation Supplement: State. Sponsor of Terrorism North Korea (DFARS Case 2018-D004)

SUMMARY: The Food and Drug Administration (FDA) is issuing a final rule that adopts,

DEPARTMENT OF HOMELAND SECURITY. 8 CFR Part 212 RIN 1651-AA97. [USCBP ; CBP Decision No ]

NUCLEAR REGULATORY COMMISSION. 10 CFR Part 72 [NRC ] RIN 3150-AJ47. List of Approved Spent Fuel Storage Casks:

[Docket No. FWS R7 SM ; FXFR FF07J00000; Subsistence Management Regulations for Public Lands in Alaska and

DEPARTMENT OF VETERANS AFFAIRS SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend its

31 CFR Parts 1010, 1020, 1021, 1022, 1023, 1024, 1025, and Technical Amendments to Various Bank Secrecy Act Regulations


SUBCHAPTER B PROCEDURAL RULES

SUMMARY: This document finalizes a minor technical change to the. Bureau of Prisons (Bureau) regulations on sentence commutation which

DEPARTMENT OF DEFENSE BILLING CODE Defense Contract Audit Agency (DCAA) Privacy Act Program

Cranes and Derricks in Construction: Operator Qualification. AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

Agency Information Collection Activities; Revision of a Currently Approved Collection:

Transparency of Airline Ancillary Fees and Other Consumer Protection Issues

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

SUMMARY: The Department of the Treasury s Office of Foreign Assets Control

Tribal Transportation Self-Governance Program; Negotiated Rulemaking Committee

National Boating Safety Advisory Council; Vacancies. the National Boating Safety Advisory Council (NBSAC). This

Revision to the Manual of Regulations and Procedures for Federal Radio Frequency

Amendments to Regulations on Citizen Petitions, Petitions for Stay of Action, and Submission of

Cranberries Grown in the States of Massachusetts, Rhode. Island, Connecticut, New Jersey, Wisconsin, Michigan,

DEPARTMENT OF HOMELAND SECURITY Billing Code Agency Information Collection Activities: Notice of Entry of Appearance as Attorney or

DEPARTMENT OF TRANSPORTATION. National Highway Traffic Safety Administration. 49 CFR Part 571. Docket No. NHTSA RIN 2127-AK17

Soybean Promotion and Research: Amend the Order to Adjust Representation on the United Soybean Board

[Docket No. FAA ; Directorate Identifier 2014-SW-076-AD] Airworthiness Directives; Romtex Anjou Aeronautique (Romtex) Torso Restraint

SUMMARY: On March 24, 2016, the Bureau of Industry and Security (BIS) published

[Docket No. FWS R7 SM ; FXFR FF07J00000; FBMS

AGENCY: Office of the Chief Financial Officer and Assistant Secretary for Administration, Department of

SUMMARY: The Food and Drug Administration (FDA) is proposing to amend its regulations

Cattlemen's Beef Promotion and Research Board (Board), established under the Beef Promotion and Research Act of 1985

Department of Homeland Security

Deepwater Port License Application: Liberty Natural Gas LLC, Port Ambrose Deepwater Port;

DEPARTMENT OF DEFENSE BILLING CODE

SUMMARY: The Food and Drug Administration (FDA or we) is reinstating the provision

(Billing Code ) Defense Federal Acquisition Regulation Supplement: Acquisition. Acquisition Regulation Supplement (DFARS) to implement sections

USCA Case # Document # Filed: 03/24/2017 Page 1 of 4 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ) )

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 24 CFR 5, 1000, 1003, 1005, 1006 and [Docket No. FR 5861-F-03] RIN 2506-AC40

10126 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Rules and Regulations

======================================================================= = Proposed Rules Federal Register

DEPARTMENT OF VETERANS AFFAIRS Schedule for Rating Disabilities Mental Disorders and Definition of Psychosis for

Criteria Used to Order Administrative Detention of Food for Human or Animal

Technical Corrections to the HIPAA Privacy, Security, and Enforcement Rules. AGENCY: Office for Civil Rights, Department of Health and Human Services.

SUMMARY: The Department of Veterans Affairs (VA) is making technical amendments

17584 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Rules and Regulations

Case 2:17-cv MJP Document 21 Filed 01/17/18 Page 1 of 10

AGENCY: Equal Employment Opportunity Commission (EEOC). SUMMARY: The Equal Employment Opportunity Commission is proposing revisions to its

Native American Graves Protection and Repatriation Act Regulations, Future Applicability

[BILLING CODE: U] [Docket No. TTB ; T.D. TTB 119A; Re: T.D. TTB 119]

BAE SYSTEMS (OPERATIONS) LIMITED

FLORIDA INLAND NAVIGATION DISTRICT STATEMENT OF AGENCY ORGANIZATION AND OPERATION

FEDERAL MARITIME COMMISSION. 46 CFR Part 535. [Docket No ] RIN 3072 AC65

Office of Surface Mining Reclamation and Enforcement

Office of Surface Mining Reclamation and Enforcement

DEPARTMENT OF HOMELAND SECURITY. U.S. Customs and Border Protection [ ] NAFTA Regulations and Certificate of Origin

Office of Surface Mining Reclamation and Enforcement. AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

Subpart A ( General Provisions ) and Subpart B ( Confined and Enclosed Spaces

a. Suitable material dredged between June 1 and November 30 may be disposed at SF -10.

SUMMARY: This proposed rule would address recommendations submitted to the

Office of Surface Mining Reclamation and Enforcement

Transcription:

This document is scheduled to be published in the Federal Register on 06/26/2014 and available online at http://federalregister.gov/a/2014-14905, and on FDsys.gov 9110-04-P 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. 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 1

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 e-mail John K. Jennings, Sector Miami Prevention Department, U.S. Coast Guard; telephone (305) 535-4317, email john.k.jennings@uscg.mil. 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 FR NPRM Department of Homeland Security Federal Register 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. 2

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. 3

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. 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 4

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, 5

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 6

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). 7

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

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. 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. 9

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. 10

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 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. 2. Add a temporary 165.T07-0165 to read as follows: 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 11

the St. Lucie River north of City Hall at approximate position 27 12 09 N, 80 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 42 36 N, 80 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 46 30 N, 80 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 12

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 onscene 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 06/25/2014 at 8:45 am; Publication Date: 06/26/2014] 13