Safety Zone; Fourth Annual Chillounge Night St. Petersburg Fireworks Display, Tampa Bay, St. Petersburg, FL, 68098-68101 [2011-28445]
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68098
Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Rules and Regulations
PART 706—CERTIFICATIONS AND
EXEMPTIONS UNDER THE
INTERNATIONAL REGULATIONS FOR
PREVENTING COLLISIONS AT SEA,
1972
Authority: 33 U.S.C. 1605.
§ 706.2 Certifications of the Secretary of
the Navy Under Executive Order 11964 and
33 U.S.C. 1605.
2. Section 706.2 is amended in Table
Four, under paragraph 23, by revising
the table to read as follows:
■
*
*
*
*
*
*
*
23. * * *
*
*
Table Four
*
1. The authority citation for part 706
continues to read as follows:
■
Vessel
Number
Verticality of lights, when
viewed directly from the
port or starboard, the
lower task light is out of
alignment with the upper
and middle task light in
meters by:
USV ...............................................................................
11MUCO601 ................................
11MUCO602 ................................
11MUCO603 ................................
11MUCO604 ................................
LCS 3 ...........................................
0.85
0.85
0.85
0.85
........................................
USS FORT WORTH .....................................................
*
*
*
*
*
Approved: October 24, 2011.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy
Assistant Judge Advocate, General (Admiralty
and Maritime Law).
[FR Doc. 2011–28479 Filed 11–2–11; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0991]
Drawbridge Operation Regulations;
Long Island, New York Inland
Waterway From East Rockaway Inlet to
Shinnecock Canal, NY
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Captree State
Parkway Bridge at mile 30.7, across the
State Boat Channel at Captree Island,
New York. The deviation is necessary to
facilitate emergency bridge repairs as a
result of a recent fire at the bridge. This
deviation allows the bridge to open on
a limited opening schedule to help
facilitate necessary repairs.
DATES: This deviation is effective from
October 28, 2011 through January 31,
2012.
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
ADDRESSES:
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0991 and are available online at
https://www.regulations.gov, inserting
USCG–2011–0991 in the ‘‘Keyword’’
and then clicking ‘‘Search’’. They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 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 Ms. Judy Leung-Yee, Project
Officer, First Coast Guard District,
judy.k.leung-yee@uscg.mil, or telephone
(212) 668–7165. If you have questions
on viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION: The
Captree State Parkway Bridge, across the
State Boat Channel at mile 30.7, at
Captree Island, New York, has a vertical
clearance in the closed position of 29
feet at mean high water and 30 feet at
mean low water. The drawbridge
operation regulations are listed at 33
CFR 117.799(i).
The waterway users are recreational
vessels of various sizes. The bridge
opened 7 times in both June and July,
3 openings in August, and 6 openings in
September. During the winter months
the bridge rarely opens since the
recreational vessels that transit this
waterway are normally in winter
storage.
The owner of the bridge, New York
State Department of Transportation,
requested a temporary deviation from
the regulations to help facilitate
emergency repairs at the bridge as a
result of a recent fire at the bridge on
October 9, 2011.
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Verticality of lights, when
viewed directly from the
bow or stern, the lower
task light is with out of
alignment the upper and
middle task light in
meters by:
........................................
........................................
........................................
........................................
0.21
Under this temporary deviation the
Captree State Parkway Bridge shall
operate as follows: from October 28,
2011 through January 31, 2012, the draw
shall open every three hours between
8 a.m. and 5 p.m., after at least a twohour advance notice is given by calling
the number posted at the bridge, (631)
904–3050. Vessels that can pass under
the bridge in the closed position may do
so at any time.
The Coast Guard believes that this
temporary deviation should meet the
reasonable needs of navigation because
the recreational users that normally use
this bridge are recreational vessels that
do not operate during the winter months
when this deviation will be in effect.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: October 24, 2011.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2011–28446 Filed 11–2–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0615]
RIN 1625–AA00
Safety Zone; Fourth Annual Chillounge
Night St. Petersburg Fireworks
Display, Tampa Bay, St. Petersburg, FL
AGENCY:
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Coast Guard, DHS.
03NOR1
Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Rules and Regulations
ACTION:
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone on
the waters of Tampa Bay in St.
Petersburg, Florida during the Fourth
Annual Chillounge Night St. Petersburg
Fireworks Display on Saturday,
November 19, 2011. The safety zone is
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 the safety zone unless authorized
by the Captain of the Port St. Petersburg
or a designated representative.
DATES: This rule is effective from 9:30
p.m. until 10:45 p.m. on November 19,
2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0615 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0615 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 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 temporary
final rule, call or email Marine Science
Technician First Class Nolan L.
Ammons, Sector St. Petersburg
Prevention Department, Coast Guard;
telephone (813) 228–2191, email
Nolan.L.Ammons@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
srobinson on DSK4SPTVN1PROD with RULES
Regulatory Information
On July 26, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Fourth Annual
Chillounge Night St. Petersburg
Fireworks Display, Tampa Bay, St.
Petersburg, FL in the Federal Register
(76 FR 44531). 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. Due to the dangers posed by
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the pyrotechnics used in these fireworks
displays, the safety zones are necessary
to provide for the safety of event
participants, spectator craft, and other
vessels transiting the event areas. For
the safety concerns noted, it is in the
public interest to have these regulations
in effect during the events. This rule is
intended to ensure the safety of the
event participants, spectators and other
waterway users, thus any delay in the
rule’s effective date would be
impractical.
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.
Discussion of Comments and Changes
The Coast Guard did not receive any
comments to the proposed rule, and no
changes were made to the regulatory
text.
Discussion of Rule
On November 19, 2011, a fireworks
display is scheduled to take place
during the Fourth Annual Chillounge
Night St. Petersburg, an annual outdoor
party, in St. Petersburg, Florida. The
fireworks, which will be launched from
Spa Beach Park, will explode over the
waters of Tampa Bay. The fireworks
display is scheduled to commence at 10
p.m. and conclude at approximately
10:05 p.m.
This rule establishes a temporary
safety zone that encompasses certain
waters of Tampa Bay in the vicinity of
Spa Beach in St. Petersburg, Florida.
The temporary safety zone will be
enforced from 9:30 p.m. on November
19, 2011, 30 minutes prior to the
scheduled commencement of the
fireworks display at approximately 10
p.m., to ensure the safety zone is clear
of persons and vessels. Enforcement of
the safety zone would cease at 10:45
p.m. on November 19, 2011, 40 minutes
after the scheduled conclusion of the
fireworks display, to account for
possible delays. Persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port St. Petersburg
or a designated representative. Persons
and vessels may request authorization to
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enter, transit through, anchor in, or
remain within the safety zone by
contacting the Captain of the Port St.
Petersburg by telephone at 727–824–
7524, or a designated representative via
VHF radio on channel 16, to request
authorization. The Coast Guard will
provide notice of the safety zone by
Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene
designated representatives.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
Executive Orders 12866 (‘‘Regulatory
Planning and Review’’) and 13563
(‘‘Improving Regulation and Regulatory
Review’’) 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
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule is
not a significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget.
The economic impact of this rule is
not significant for the following reasons:
(1) The safety zone will be enforced for
less than two hours; (2) vessel traffic in
the area will be minimal during the
enforcement period; (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 St. Petersburg or a designated
representative, they may operate in the
surrounding area during the
enforcement period; (4) persons and
vessels may still enter, transit through,
anchor in, or remain within the safety
zone if authorized by the Captain of the
Port St. Petersburg or a designated
representative; and (5) the Coast Guard
will provide advance notification of the
safety zone to the local maritime
community by Local Notice to Mariners
and Broadcast Notice to Mariners.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
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Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Rules and Regulations
whether this rule will have a significant
economic impact on a substantial
number of small entities. 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
that portion of Tampa Bay encompassed
within the safety zone from 9:30 p.m.
until 10:45 p.m. on November 19, 2011.
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.
this rule under that Order and have
determined that it does not have
implications for federalism.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
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.
Civil Justice Reform
srobinson on DSK4SPTVN1PROD with RULES
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
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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 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.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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.
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 might
disproportionately affect children.
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
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energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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 concluded 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 is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a temporary safety
zone, as described in paragraph 34(g) of
the Instruction, which will be enforced
for less than two hours. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
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:
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Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
■
1. The authority citation for part 165
continues to read as follows:
Coast Guard
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.
33 CFR Part 165
2. Add a temporary § 165.T07–0615 to
read as follows:
■
srobinson on DSK4SPTVN1PROD with RULES
§ 165.T07–0615 Safety Zone; Fourth
Annual Chillounge Night St. Petersburg
Fireworks Display, Tampa Bay, St.
Petersburg, FL.
[FR Doc. 2011–28445 Filed 11–2–11; 8:45 am]
BILLING CODE 9110–04–P
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RIN 1625–AA00
Safety Zone; Art Gallery Party St. Pete
2011 Fireworks Display, Tampa Bay,
St. Petersburg, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
(a) Regulated area. The following
regulated area is a safety zone: All
waters of Tampa Bay within a 200 yard
radius of position 27°46′31″ N,
82°37′38″ W. All coordinates are North
American Datum 1983.
(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 St. Petersburg in the
enforcement of the regulated area.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port St. Petersburg or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Captain of the Port St.
Petersburg by telephone at (727) 824–
7524, 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 area is granted by
the Captain of the Port St. Petersburg or
a designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port St. Petersburg or
a designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective date. This rule is
effective from 9:30 p.m. until 10:45 p.m.
on November 19, 2011.
Dated: October 13, 2011.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the
Port.
[Docket No. USCG–2011–0774]
The Coast Guard is
establishing a temporary safety zone on
the waters of Tampa Bay in the vicinity
of Spa Beach in St. Petersburg, Florida
during the Art Gallery Party St. Pete
2011 Fireworks Display on Friday,
November 11, 2011. The safety zone is
necessary to protect the public from the
hazards associated with launching
fireworks over the navigable waters of
the United States. Persons and vessels
are prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port St. Petersburg
or a designated representative.
DATES: This rule is effective from 10:30
p.m. until 11:35 p.m. on November 11,
2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0774 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0774 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 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 temporary
final rule, call or email Marine Science
Technician First Class Nolan L.
Ammons, Sector St. Petersburg
Prevention Department, Coast Guard;
telephone (813) 228–2191, email
Nolan.L.Ammons@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
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68101
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 necessary
information regarding the fireworks
display until August 1, 2011. As a
result, the Coast Guard did not have
sufficient time to publish an NPRM and
to receive public comments prior to the
fireworks display. 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 display.
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. Due to the dangers posed by
the pyrotechnics used in these fireworks
displays, the safety zones are necessary
to provide for the safety of event
participants, spectator craft, and other
vessels transiting the event areas. For
the safety concerns noted, it is in the
public interest to have these regulations
in effect during the events. This rule is
intended to ensure the safety of the
event participants, spectators and other
waterway users, thus any delay in the
rule’s effective date would be
impractical.
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.
Discussion of Rule
On November 11, 2011, Creative
Pyrotechnics is sponsoring the Art
Gallery Party St. Pete 2011 Fireworks
Display in St. Petersburg, Florida. The
fireworks display will be launched from
Spa Beach and will explode over the
waters of Tampa Bay. The fireworks
display is scheduled to commence at
11 p.m. and conclude at 11:05 p.m.
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]]>Agencies
[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Rules and Regulations]
[Pages 68098-68101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28445]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0615]
RIN 1625-AA00
Safety Zone; Fourth Annual Chillounge Night St. Petersburg
Fireworks Display, Tampa Bay, St. Petersburg, FL
AGENCY: Coast Guard, DHS.
[[Page 68099]]
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Tampa Bay in St. Petersburg, Florida during the Fourth Annual
Chillounge Night St. Petersburg Fireworks Display on Saturday, November
19, 2011. The safety zone is 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 the safety zone
unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
DATES: This rule is effective from 9:30 p.m. until 10:45 p.m. on
November 19, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0615 and are available online by going to
https://www.regulations.gov, inserting USCG-2011-0615 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
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
temporary final rule, call or email Marine Science Technician First
Class Nolan L. Ammons, Sector St. Petersburg Prevention Department,
Coast Guard; telephone (813) 228-2191, email Nolan.L.Ammons@uscg.mil.
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 26, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Fourth Annual Chillounge Night St.
Petersburg Fireworks Display, Tampa Bay, St. Petersburg, FL in the
Federal Register (76 FR 44531). 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. Due to the dangers posed by the
pyrotechnics used in these fireworks displays, the safety zones are
necessary to provide for the safety of event participants, spectator
craft, and other vessels transiting the event areas. For the safety
concerns noted, it is in the public interest to have these regulations
in effect during the events. This rule is intended to ensure the safety
of the event participants, spectators and other waterway users, thus
any delay in the rule's effective date would be impractical.
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.
Discussion of Comments and Changes
The Coast Guard did not receive any comments to the proposed rule,
and no changes were made to the regulatory text.
Discussion of Rule
On November 19, 2011, a fireworks display is scheduled to take
place during the Fourth Annual Chillounge Night St. Petersburg, an
annual outdoor party, in St. Petersburg, Florida. The fireworks, which
will be launched from Spa Beach Park, will explode over the waters of
Tampa Bay. The fireworks display is scheduled to commence at 10 p.m.
and conclude at approximately 10:05 p.m.
This rule establishes a temporary safety zone that encompasses
certain waters of Tampa Bay in the vicinity of Spa Beach in St.
Petersburg, Florida. The temporary safety zone will be enforced from
9:30 p.m. on November 19, 2011, 30 minutes prior to the scheduled
commencement of the fireworks display at approximately 10 p.m., to
ensure the safety zone is clear of persons and vessels. Enforcement of
the safety zone would cease at 10:45 p.m. on November 19, 2011, 40
minutes after the scheduled conclusion of the fireworks display, to
account for possible delays. Persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zone unless authorized by the Captain of the Port St. Petersburg
or a designated representative. Persons and vessels may request
authorization to enter, transit through, anchor in, or remain within
the safety zone by contacting the Captain of the Port St. Petersburg by
telephone at 727-824- 7524, or a designated representative via VHF
radio on channel 16, to request authorization. The Coast Guard will
provide notice of the safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This rule is not a significant regulatory action
under section 3(f) of Executive Order 12866. Accordingly, this rule has
not been reviewed by the Office of Management and Budget.
The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for less than
two hours; (2) vessel traffic in the area will be minimal during the
enforcement period; (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 St. Petersburg or a
designated representative, they may operate in the surrounding area
during the enforcement period; (4) persons and vessels may still enter,
transit through, anchor in, or remain within the safety zone if
authorized by the Captain of the Port St. Petersburg or a designated
representative; and (5) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered
[[Page 68100]]
whether this rule will have a significant economic impact on a
substantial number of small entities. 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 that portion of
Tampa Bay encompassed within the safety zone from 9:30 p.m. until 10:45
p.m. on November 19, 2011. 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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 might
disproportionately affect children.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.3
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing a temporary safety
zone, as described in paragraph 34(g) of the Instruction, which will be
enforced for less than two hours. An environmental analysis checklist
and a categorical exclusion determination are available in the docket
where indicated under ADDRESSES.
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:
[[Page 68101]]
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.T07-0615 to read as follows:
Sec. 165.T07-0615 Safety Zone; Fourth Annual Chillounge Night St.
Petersburg Fireworks Display, Tampa Bay, St. Petersburg, FL.
(a) Regulated area. The following regulated area is a safety zone:
All waters of Tampa Bay within a 200 yard radius of position
27[deg]46'31'' N, 82[deg]37'38'' W. All coordinates are North American
Datum 1983.
(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 St. Petersburg in the enforcement of the regulated
area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port St.
Petersburg or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port St. Petersburg by telephone at (727) 824-7524, 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 area is granted by the Captain of the Port St. Petersburg
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port St. Petersburg or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Effective date. This rule is effective from 9:30 p.m. until
10:45 p.m. on November 19, 2011.
Dated: October 13, 2011.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2011-28445 Filed 11-2-11; 8:45 am]
BILLING CODE 9110-04-P
