Safety Zone; Fireworks Displays, Sector Key West, Florida, 16327-16329 [2017-06595]
Download as PDF
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules
• Whether ONRR should have a
default provision clarifying how ONRR
will exercise Secretarial authority to
determine value for royalty purposes in
cases where there is misconduct, breach
of duty to market, or ONRR cannot
otherwise verify value. Other potential
valuation methods or necessary changes
to ONRR valuation regulations.
ONRR appreciates your participation
and looks forward to receiving your
comments.
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 Scott.G.Ledee@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
Dated: March 30, 2017.
Amy Holley,
Acting Assistant Secretary for Policy,
Management and Budget.
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
[FR Doc. 2017–06600 Filed 4–3–17; 8:45 am]
BILLING CODE 4335–30–P
§
Section
U.S.C.
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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 https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
nlaroche on DSK30NT082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
15:42 Apr 03, 2017
Jkt 241001
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
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
16327
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
E:\FR\FM\04APP1.SGM
04APP1
16328
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules
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.
nlaroche on DSK30NT082PROD with PROPOSALS
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
VerDate Sep<11>2014
15:42 Apr 03, 2017
Jkt 241001
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
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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 https://
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 https://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
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.
■
2. Add § 165.785 to read as follows:
§ 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
E:\FR\FM\04APP1.SGM
04APP1
nlaroche on DSK30NT082PROD with PROPOSALS
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules
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 1.5inch 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 § 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 onscene 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
VerDate Sep<11>2014
15:42 Apr 03, 2017
Jkt 241001
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[FRL–9961–11–OAR]
Review of the Clean Power Plan
Environmental Protection
Agency (EPA).
ACTION: Announcement of review.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) announces that
it is reviewing and, if appropriate will
initiate proceedings to suspend, revise
or rescind the Clean Power Plan.
DATES: April 4, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Peter Tsirigotis, Sector Policies and
Programs Division (D205–01), U.S.
Environmental Protection Agency,
Research Triangle Park, NC 27711;
telephone number: (888) 627–7764;
email address: airaction@epa.gov.
SUPPLEMENTARY INFORMATION: By this
notice, EPA announces it is reviewing
the Clean Power Plan, 80 FR 64662
(October 23, 2015) (CPP), including the
accompanying Legal Memorandum,
and, if appropriate, will as soon as
practicable and consistent with law,
initiate proceedings to suspend, revise
or rescind this rule. The CPP established
emission guidelines for state plans to
limit carbon dioxide emissions from
existing fossil fuel-fired power plants.
SUMMARY:
I. Background
The CPP was promulgated under
Section 111 of the Clean Air Act. 42
U.S.C. 7411. Section 111 of the Clean
Air Act authorizes the EPA to issue
nationally applicable New Source
Performance Standards (NSPS) limiting
air pollution from ‘‘new sources’’ in
source categories that cause or
contribute to air pollution that may
reasonably be anticipated to endanger
public health or welfare. 42 U.S.C.
Section 7411(b)(1). Under this authority,
the EPA had long regulated new fossil
fuel-fired power plants to limit air
pollution other than carbon dioxide,
including particulate matter (PM);
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
16329
nitrogen oxides (NOX) and sulfur
dioxide (SO2). See 40 CFR part 60
subparts D, Da. In 2015, the EPA issued
a rule that for the first time set carbon
dioxide emission limits for new fossil
fuel-fired power plants. Standards of
Performance for Greenhouse Gas
Emissions From New, Modified, and
Reconstructed Stationary Sources:
Electric Generating Units, 80 FR 64510
(October 23, 2015). Under certain
circumstances, when the EPA issues
standards for new sources under Section
111(b), the EPA has the authority under
Section 111(d), to prescribe regulations
under which each State is to submit a
plan to establish standards for existing
sources in the same category. The EPA
relied on that authority to issue the CPP,
which, for the first time, required States
to submit plans specifically designed to
limit carbon dioxide emissions from
existing fossil fuel-fired power plants.
As part of the promulgation of the CPP,
EPA prepared a legal memorandum that
supplemented the legal analysis
provided by the Agency in the preamble
to the final CPP.
Due to concerns about EPA’s legal
authority and record, 27 States and a
number of other parties sought judicial
review of the CPP in the D.C. Circuit.
State of West Virginia v. EPA, No. 15–
1363 (and consolidated cases) (D.C.
Cir.). On February 9, 2016, the Supreme
Court stayed implementation of the CPP
pending judicial review. Following full
merits briefing, oral argument was held
before the D.C. Circuit, sitting en banc,
on September 27, 2016. That case is
currently pending in the D.C. Circuit.
II. Initiation of Review of CPP
On March 28, 2017, President Trump
issued an Executive Order establishing
a national policy in favor of energy
independence, economic growth, and
the rule of law. The purpose of that
Executive Order is to facilitate the
development of U.S. energy resources—
including oil and gas—and to reduce
unnecessary regulatory burdens
associated with the development of
those resources. The President has
directed agencies to review existing
regulations that potentially burden the
development of domestic energy
resources, and appropriately suspend,
revise, or rescind regulations that
unduly burden the development of U.S.
energy resources beyond what is
necessary to protect the public interest
or otherwise comply with the law. The
Executive Order also directs agencies to
take appropriate actions, to the extent
permitted by law, to promote clean air
and clean water while also respecting
the proper roles of Congress and the
States. This Executive Order specifically
E:\FR\FM\04APP1.SGM
04APP1
Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 Scott.G.Ledee@uscg.mil.
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 https://www.regulations.gov. If your material cannot be
submitted using https://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 https://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 https://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