81 FR 41809 - Safety Zone; 4th of July Firework Celebration; Key West, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 124 (June 28, 2016)

Page Range		41809-41810
FR Document		2016-15224

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

Federal Register, Volume 81 Issue 124 (Tuesday, June 28, 2016)

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



[[Page 41809]]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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

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

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

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

DHS Department of Homeland Security
NPRM Notice of proposed rulemaking

II. Background Information and Regulatory History

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because we did not receive notice of this 
event until May 20, 2016. It is therefore, impracticable to publish a 
NPRM because this rule must be implemented by July 4, 2016, to ensure 
the safety of spectators and the general public during this event.
    For the same reason discussed above, under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for making this rule effective 
less than 30 days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to provide for the safety of life on the 
navigable waters of the United States during the 4th of July Firework 
Celebration.

IV. Discussion of the Rule

    On July 4, 2016, the Key West Rotary Club is hosting the 4th of 
July Firework celebration. The event will consist of approximately 45 
Minutes of fireworks in Key West Harbor with an estimated 150 spectator 
vessels.
    This rule establishes a safety zone that will encompass certain 
navigable waters of the Key West Harbor. The safety zone will be 
enforced from 6 p.m. until 10:30 p.m. on July 4, 2016.
    Persons and vessels may request authorization to enter the special 
local regulated area by contacting the Captain of the Port Key West by 
telephone at (305) 433-0954 or (305) 292-8727 or a designated 
representative via VHF radio on channel 16, to request authorization. 
If authorization to enter, transit through, anchor in, or remain within 
the special local regulated area is granted by the Captain of the Port 
Key West or a designated representative, all persons and vessels 
receiving such authorization must comply with the instructions of the 
Captain of the Port Key West or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The economic impact of 
this rule is not significant for the following reasons: (1) The safety 
zone will be enforced for four and a half hours; (2) the safety zone 
will be short in duration with no prolonged waterway impact; (3) 
although persons and vessels will not be able to enter, transit 
through, anchor in, or remain within the safety zone without 
authorization from the Captain of the Port Key West or a designated 
representative, they may operate in the surrounding areas during the 
enforcement period; (4) persons and vessels may still enter, transit 
through, anchor in, or remain within the safety zone during the 
enforcement period if authorized by the Captain of the Port Key West or 
a designated representative; and (5) the Coast Guard will provide 
advance notification of the safety zone to the local maritime community 
by Marine Safety Information Bulletin, and Broadcast Notice to 
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
enter, transit through, anchor in, or remain within any of the 
regulated area during the respective enforcement period. For the 
reasons discussed in the Regulatory Planning and Review section above, 
this rule will not have a significant economic impact on a substantial 
number of small entities. Under section 213(a) of the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Pub.

[[Page 41810]]

L. 104-121), we want to assist small entities in understanding this 
rule. If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the person listed 
in the FOR FURTHER INFORMATION CONTACT section above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves the creation of a safety zone that will be enforced from 
6 p.m. until 10:30 p.m. on July 4, 2016. It is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


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


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

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

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

41810 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations

L. 104–121), we want to assist small their discretionary regulatory actions. In yard radius from the end of White Street
entities in understanding this rule. If the particular, the Act addresses actions Pier.
rule would affect your small business, that may result in the expenditure by a (b) Definition. The term ‘‘designated
organization, or governmental State, local, or tribal government, in the representative’’ means Coast Guard
jurisdiction and you have questions aggregate, or by the private sector of Patrol Commanders, including Coast
concerning its provisions or options for $100,000,000 (adjusted for inflation) or Guard coxswains, petty officers, and
compliance, please contact the person more in any one year. Though this rule other officers operating Coast Guard
listed in the FOR FURTHER INFORMATION will not result in such expenditure, we vessels, and Federal, state, and local
CONTACT section above. do discuss the effects of this rule officers designated by or assisting the
Small businesses may send comments elsewhere in this preamble. Captain of the Port Key West in the
on the actions of Federal employees enforcement of the regulated area.
who enforce, or otherwise determine F. Environment (c) Regulations. (1) Non-participant
compliance with, Federal regulations to We have analyzed this rule under persons and vessels are prohibited from
the Small Business and Agriculture Department of Homeland Security entering the race area. Non-participant
Regulatory Enforcement Ombudsman Management Directive 023–01 and persons and vessels may request
and the Regional Small Business Commandant Instruction M16475.lD, authorization to enter, transit through,
Regulatory Fairness Boards. The which guide the Coast Guard in anchor in, or remain within the
Ombudsman evaluates these actions complying with the National regulated area by contacting the Captain
annually and rates each agency’s Environmental Policy Act of 1969 (42 of the Port Key West by telephone at
responsiveness to small business. If you U.S.C. 4321–4370f), and have (305) 433–0954 or (305) 292–8727 or a
wish to comment on actions by determined that this action is one of a designated representative via VHF radio
employees of the Coast Guard, call 1– category of actions that do not on channel 16. If authorization is
888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a granted by the Captain of the Port Key
Coast Guard will not retaliate against significant effect on the human West or a designated representative, all
small entities that question or complain environment. This rule involves the persons and vessels receiving such
about this rule or any policy or action creation of a safety zone that will be authorization must comply with the
of the Coast Guard. enforced from 6 p.m. until 10:30 p.m. on instructions of the Captain of the Port
July 4, 2016. It is categorically excluded Key West or a designated representative.
C. Collection of Information from further review under paragraph (2) The Coast Guard will provide
This rule will not call for a new 34(g) of Figure 2–1 of the Commandant notice of the safety zone by Marine
collection of information under the Instruction. We seek any comments or Safety Information Bulletin, Broadcast
Paperwork Reduction Act of 1995 (44 information that may lead to the Notice to Mariners and on-scene
U.S.C. 3501–3520). discovery of a significant environmental designated representatives.
impact from this rule. (d) Enforcement period. This rule will
D. Federalism and Indian Tribal
be effective on July 4, 2016, and will be
Governments G. Protest Activities enforced from 6 p.m. until 10:30 p.m.
A rule has implications for federalism The Coast Guard respects the First July 4, 2016.
under Executive Order 13132, Amendment rights of protesters. Dated: June 22, 2016.
Federalism, if it has a substantial direct Protesters are asked to contact the J.A. Janszen,
effect on the States, on the relationship person listed in the FOR FURTHER
Captain, U.S. Coast Guard, Captain of the
between the national government and INFORMATION CONTACT section to
Port Key West.
the States, or on the distribution of coordinate protest activities so that your
[FR Doc. 2016–15224 Filed 6–27–16; 8:45 am]
power and responsibilities among the message can be received without
BILLING CODE 9110–04–P
various levels of government. We have jeopardizing the safety or security of
analyzed this rule under that Order and people, places or vessels.
have determined that it is consistent
List of Subjects in 33 CFR Part 165 DEPARTMENT OF HOMELAND
with the fundamental federalism
Harbors, Marine safety, Navigation SECURITY
principles and preemption requirements
described in Executive Order 13132. (water), Reporting and recordkeeping Coast Guard
Also, this rule does not have tribal requirements, Security measures,
implications under Executive Order Waterways. 33 CFR Part 165
13175, Consultation and Coordination For the reasons discussed in the
with Indian Tribal Governments, preamble, the Coast Guard amends 33 [Docket No. USCG–2015–0854]
because it does not have a substantial CFR part 165 as follows: Special Local Regulations and Safety
direct effect on one or more Indian
PART 165—REGULATED NAVIGATION Zones; Recurring Marine Events and
tribes, on the relationship between the
AREAS AND LIMITED ACCESS Fireworks Displays Within the Fifth
Federal Government and Indian tribes,
AREAS. Coast Guard District
or on the distribution of power and
responsibilities between the Federal AGENCY: Coast Guard, DHS.
Government and Indian tribes. If you ■ 1. The authority citation for part 100
continues to read as follows: ACTION: Notice of enforcement of
believe this rule has implications for regulation.
asabaliauskas on DSK3SPTVN1PROD with RULES

federalism or Indian tribes, please Authority: 33 U.S.C. 1233.
contact the person listed in the FOR ■ 2. Add a temporary § 165.T07–0529 to SUMMARY: The Coast Guard will enforce
FURTHER INFORMATION CONTACT section. read as follows: a safety zone for the fireworks display
taking place on the Chesapeake Bay near
E. Unfunded Mandates Reform Act § 165.T07–0529 Safety Zone; 4th of July Chesapeake Beach, MD on July 1, 2016.
The Unfunded Mandates Reform Act Firework Celebration, Key West, FL. This is a change from the annually
of 1995 (2 U.S.C. 1531–1538) requires (a) Regulated Area. The following scheduled event on July 3, 2016, as
Federal agencies to assess the effects of regulated area is a safety zone. A 300 indicated in 33 CFR 165.506. This

VerDate Sep<11>2014 16:05 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\28JNR1.SGM 28JNR1

Document Created: 2016-06-28 00:53:44
Document Modified: 2016-06-28 00:53:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective on July 4, 2016. This rule will be enforced from 6 p.m. until 10:30 p.m. on July 4, 2016.
Contact		If you have questions on this rule, call or email Chief Petty Officer Jason D. Herbert, Sector Key West Prevention Department, U.S. Coast Guard; telephone (305)292-8772, email [email protected]
FR Citation		81 FR 41809
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 41809 - Safety Zone; 4th of July Firework Celebration; Key West, FL

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 124 (June 28, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard